ALBERT C. BOSTWICK, JR., APPELLANT,
v.
MOLLIE NETCHER BOSTWICK, APPELLEE
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This case involves an interlocutory appeal from an order awarding temporary attorneys' fees and costs in a divorce action. The appellate court affirmed the lower court's decision due to an insufficient record provided by the appellant.
No, the appellate court could not determine if the trial court abused its discretion because the record provided by the appellant was insufficient.
“It is incumbent upon 'the appellant to bring to the appellate court the record necessary for a determination of the appeal.”
Establishes the appellant's burden to provide an adequate record.
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Join FLexlaw to unlock all legal intelligenceThe appellant, plaintiff in the divorce action, appealed an order requiring him to pay temporary attorneys' fees and costs. The order was based on tes…
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This is an interlocutory appeal from an order requiring the appellant (plaintiff) to pay temporary attorneys’ fees and costs in a divorce action.
The primary thrust of plaintiff’s appeal deals with the assertion that the trial court abused its discretion in awarding temporary attorneys’ fees and costs.
A determination of plaintiff’s contention requires an examination of the testimony and evidence considered by the trial court on which the order was based. The order appealed was entered after two separate hearings. The first hearing was not steno-graphically recorded and consequently was not included in appellant’s appendix. F. A.R. 4.2, subd. d, 31 F.S.A.
It is incumbent upon 'the appellant to bring to the appellate court the record necessary for a determination of the appeal. The record in the case sub judice is *780insufficient for a determination of plaintiff’s contention.
Affirmed.
ANDREWS and CROSS, JJ., and COOPER, RICHARD H., Associate Judge, concur.
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Willern Koblinski v. Koblinski, 339 So. 2d 266 (Fla. 3d DCA 1976)…PER CURIAM. Affirmed on the authority of Gleim v. Gleim, 176 So. 2d 610 (Fla. 3rd DCA 1965); Bostwick v. Bostwick, 201 So. 2d 779 (Fla. 4th DCA 1967); Carroll v. Allen, 219 So. 2d 69 (Fla. 1st DCA 1969); Long v. Long, 304 So. 2d 483 (Fla. 1st DCA 1974); Cohen v. Cohen, 321 So. 2d 97 (Fla. 4th DCA 1975).…
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Carroll v. Allen, 219 So. 2d 69 (Fla. 4th DCA 1969)…and where it is based partially or wholly on evidence which does not appear in the record on appeal, the judgment will not be disturbed. Dean v. Marineways, Inc. of Fort Lauder-dale, Fla.App.1962, 146 So. 2d 577; Bost-wick v. Bostwick, Fla.App.1967, 201 So. 2d 779. We do not overlook appellant’s argument that on the issue of change of custody, a transcript of the evidence which was before the trial court is unnecessary because the pleadings, written agreements of the parties and the findings of the court as s…
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Warner v. Harris Miami Beach, Inc., 219 So. 2d 93 (Fla. 3d DCA 1969)…to the granting of rescission, we find no error and are unable to disturb this ruling by the trial court 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 fi…
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