BEN D. WILDER, D/B/A SOUTHLAND COMPANIES, APPELLANT,
v.
DONALD H. ALTMAN AND RUTH B. ALTMAN, HIS WIFE, JOINTLY AND SEVERALLY, AND PAUL CAMPBELL AND LAURA CAMPBELL, HIS WIFE, JOINTLY AND SEVERALLY, APPELLEES
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This case involves a real estate broker appealing a judgment against him on his claims for a commission from the seller and for a portion of the deposit from the purchaser. The appellate court affirmed the lower court's decision due to the appellant's failure to provide a sufficient record to support his arguments.
No, the trial court did not err. The appellate court affirmed the judgment because the appellant failed to present a record sufficient to support the points raised on appeal.
“It is incumbent upon the appellant to present a record which is sufficient to support the points raised on appeal.”
Establishes the appellant's burden of proof regarding the record on appeal.
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Join FLexlaw to unlock all legal intelligenceA real estate broker sued the sellers for a commission and the purchasers for half the deposit after a real estate sale failed to close. The purchaser…
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The appellant, a real estate broker, was the plaintiff in the trial court He appeals a final judgment which was entered' after a non-jury trial. The complaint joined two causes of action that arose out of a proposed real estate sale which was. not consummated. They were: (1) against the seller for a broker’s commission; (2) against the purchaser for one-half the deposit placed on the property. The purchaser, appellee, counterclaimed for a return of the deposit.
The trial judge entered an order granting summary judgment for the purchaser on the broker’s claim. At the conclusion of the trial, the court entered final judgment against the broker bn his claim against the seller. Judgment was also entered for the purchaser, counter-plaintiff, against the broker, appellant, on the counterclaim.
*251 The three points presented urge that the trial court erred in finding against the broker, appellant, upon his claim for a commission from the proposed seller, appellee. Each of these points require this Court to assume facts which do not appear in the record. It is incumbent upon the appellant to present a record which is sufficient to support the points raised on appeal. Johnson v. Roberts, Fla.1955, 79 So.2d 425; Greene v. Hoiriis, Fla.App.1958, 103 So.2d 226; Hall v. Davis, Fla.App.1958, 106 So.2d 599; Brown v. Householder, Fla.App.1961, 134 So.2d 801. In the absence of a proper record, the judgment must be affirmed. Greene v. Hoiriis, supra; Brown v. Householder, supra.
Affirmed.
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Jackson v. Granger Lumber Co., Inc., 275 So. 2d 555 (Fla. 1st DCA 1973)…well, 203 So. 2d 504 (Fla.App.1967); Sun Plastics, Inc. v. International Identifiers, Inc., 213 So. 2d 258 (Fla.App.1968); Greene v. Hoiriis, 103 So. 2d 226 (Fla.App.1958); Geiger v. City of Leesburg, 186 So. 2d 260 (Fla.App.1966); Wilder v. Altman, 179 So. 2d 250 (Fla.App.1965); Anderson v. Peoples First National Bank of Miami Shores, 220 So. 2d 667 (Fla.App.1969); United States v. Dahlberg, 115 So. 2d 86 (Fla.App.1959). During the pendency of this appeal, it appeared from the several motions filed herein,…
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Orange Julius Realty Corp. v. Sunshine TOY Ctr., Inc., 251 So. 2d 681 (Fla. 3d DCA 1971)…we are not able to consider these points because we do not have all the testimony and other evidence which was before the trial judge at the time that he made his decision. Davis v. Zona, Fla.App.1967, 198 So. 2d 43; Wilder v. Altman, Fla.App.1965, 179 So. 2d 250, 251; 2 Fla.Jur.Appeals § 159 (1963). For the purpose of determining the sufficiency of the evidence upon the trial of a counterclaim the trial court may consider evidence received upon the issues presented at the trial of the complaint. This is tru…
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Warner v. Harris Miami Beach, Inc., 219 So. 2d 93 (Fla. 3d DCA 1969)…t as we have not been provided with a transcript of the testimony upon which judgment of rescission was based. Bostwick v. Bostwick, Fla.App.1967, 201 So. 2d 779; Sydney Paper Co. v. Gans, Fla.App.1966, 193 So. 2d 41; Wilder v. Altman, Fla.App.1965, 179 So. 2d 250; Belfield v. Lochner, Fla. App.1964, 162 So. 2d 668. We find the joinder in appeal by Schwartzman not to be well-taken, as same was not timely filed. Rule 3.11 b, Florida Appellate Rules, 32 F.S.A. We find merit in the contention of the appellees…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- NIX v. Lake W. Koontz, 103 So. 2d 226 (Fla. 2d DCA 1958)
- Brown v. Householder, 134 So. 2d 801 (Fla. 2d DCA 1961)
- Hall v. Davis, 106 So. 2d 599 (Fla. 1st DCA 1958)
- Johnson v. Roberts, 79 So. 2d 425 (Fla. 1955)