LINDA MORCEAU, APPELLANT,
v.
MERLE MEADER AND SANDRA MEADER, A MINOR, APPELLEES
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The appellate court affirmed a lower court's decision to grant a judgment notwithstanding the verdict (JNOV) for punitive damages because the appellant failed to provide an adequate record for review. This case highlights the appellant's responsibility to present a complete record for appellate consideration.
No, the appellate court cannot review the trial judge's order granting a judgment notwithstanding the verdict for punitive damages because the appellant failed to provide an adequate record of the proceedings below.
“Where, as here, an appellant's points require a consideration of the record which was before the trial judge and where there is a failure to bring such record before the appellate court, the contentions of the appellant cannot be decided by an appellate court.”
Establishes the principle that an appellate court cannot rule on issues requiring review of the trial record if that record is not provided.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued for conversion of her poodle and was awarded punitive damages by a jury. The defendants moved for and were granted a judgment notwi…
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This is an appeal by plaintiff of an order granting appellee’s motion for judgment non obstante veredicto as to punitive damages which were awarded plaintiff by a jury in an action brought by her against appellee and her minor daughter for conversion of plaintiff’s poodle.
In this appeal we are asked to pass upon the propriety of the trial judge’s entry of the judgment N.O.V. This we are unable to do because of the insufficiency of the record before us.
Where, as here, an appellant’s points require a consideration of the record which was before the trial judge and where there is a failure to bring such record before the appellate court, the contentions of the appellant cannot be decided by an appellate court.1 '
When relief is sought from an appellate court, it thereupon becomes the duty of appellant to make errors complained of clearly to appear by furnishing the court with an adequate record of all the facts and circumstances pertinent to and connected with the asserted errors.2
The appellant having failed to meet these requirements, the judgment appealed must be affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Davis v. Zona, 198 So. 2d 43 (Fla. 2d DCA 1967)…record1 does not contain a reported transcript of the pre-trial conference or a pretrial order. The rule is well settled that when relief is sought on appeal the appellant must provide the court with an adequate record for review. Morceau v. Meader, 179 So. 2d 242 (D.C.A.Fla.1965), Gleim v. Gleim, 176 So. 2d 610 (D.C.A.Fla. 1965). Finding no basis in the record upon which to consider the merits of this appeal, the motion to dismiss the appeal is granted. SHANNON, Acting C. J., and LILES and HOBSON, JJ., conc…
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Nat'l Fishermen Producers Co-Operative Soc'y, Ltd. v. State, 503 So. 2d 430 (Fla. 3d DCA 1987)…ed, in part, on an evidentiary hearing involving issues of duress and coercion. The record contains no transcript of the proceedings; hence, we decline to consider appellant’s position on these evidentiary grounds on appeal. E.g., Morceau v. Meader, 179 So. 2d 242 (Fla. 3d DCA 1965). See also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). . Section 370.14(2)(a)l and section 370.14(4) provide: (2) TAKING OF CERTAIN CRAWFISH PROHIBITED. (a)l. No person, firm or corporation shall take o…
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Dimun Inv., Inc. v. Citizens Fed. Sav. & Loan Ass'n OF Hialeah, 249 So. 2d 63 (Fla. 3d DCA 1970)…record were not filed by the appellant as provided for by Rule 3.6(d) (1) F.A.R., 32 F.S.A., with the result that the pleadings essential to a consideration of this appeal have not been brought before this court. In Morceau v. Meader, Fla.App.1965, 179 So. 2d 242, 243, the court said: “Where, as here, an appellant’s points require a consideration of the record which was before the trial judge and where there is a failure to bring such record before the appellate court, the contentions of the appellant cannot…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoodless v. Jernigan, 51 Fla. 211 (Fla. 1906)
- Gilson v. Murphy, 151 So. 2d 447 (Fla. 2d DCA 1963)