OPAL GERHETT CHANCELLOR ALFORD ET AL., APPELLANTS,
v.
EQUITABLE CREDIT AND DISCOUNT COMPANY AND THEODORE J. DEAN ET AL., APPELLEES

Fla. 1st DCA | 1968-07-09
No. J-354
RAWLS, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
212 So. 2d 354 Florida District Court of Appeal, First District (1968) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court affirmed the trial court's decision due to an inadequate record, despite potential errors in the proceedings.


Facts & Procedural History

The defendant appealed a mortgage foreclosure decree, citing errors in the denial of discovery and a motion to strike. The appellate record was insuff…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Mrs. Alford (formerly Mrs. Chancellor), defendant below, appeals from a final decree foreclosing a mortgage and assigns as error order of the trial court denying her supplemental interrogatories, striking her request to admit and produce documents, and denying a motion to strike.

We are immediately confronted with an inadequate record. Apparently, the proceedings held before the trial judge were not recorded and the transcript of the evidence and happenings on these occasions are not available to this Court. A review of the documentary evidence in this cause raises material questions of apparently erroneous rulings and proceedings on the part of the trial judge, and were we benefited with an adequate record revealing no waiver of the original objections, a different result might well have been reached by this Court. By his own innovation, Appellants’ attorney attempted to' correct this essential deficiency by means of post de-cretal affidavit. Such procedure is not in compliance with the rules of procedure which provide an orderly means for making up an adequate record and will not be recognized by this Court.

Appellees’ attorney, without leave of this Court, was more than two months late in filing its brief. Such flagrant violation of the Florida Appellate Rules requires public censure which this statement constitutes.

Finally, the appellate rules of procedure clearly provide an orderly path for attorneys to follow in presenting the grievances of their clients to an appellate court, and if attorneys will follow these rules, the case presented can be reviewed and determined upon its merits by an appellate court.

Affirmed.

RAWLS, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • In re Est. of Margaret B. Gerhart v. Belcher, 220 So. 2d 655 (Fla. 3d DCA 1969)
    …ng, and the record before the trial judge not being before this court upon which said order was made, this finding could not be contested. Wilder v. Altman, Fla.App.1965, 179 So. 2d 250; Alford v. Equitable Credit and Discount Company, Fla.App.1968, 212 So. 2d 354; Continental Assurance Company of Chicago, Illinois v. Albert, Fla.App.1968, 214 So. 2d 80. We fail to find that the probate judge committed any error in awarding the fee and requiring its payment from the dis-tributees’ share of the estate. If thi…
  • Alford v. Equitable Credit & Disc. Co., Inc., 219 So. 2d 698 (Fla. 1968)
    …Certiorari denied without opinion. 212 So. 2d 354.…

Full citator, related cases, and AI research tools

Open in FLexlaw