KENNETH STEARNS, APPELLANT,
v.
CITY OF TITUSVILLE, HERBERT H. SHIPE AND FRANK G. BUCKOSKI, APPELLEES
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The appellate court affirmed the dismissal of the amended complaint because the appellant failed to provide a sufficient record for review.
The appellant appealed an order dismissing an amended complaint. The record on appeal contained only the amended complaint, which lacked factual alleg…
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Appellant-plaintiff, Kenneth Stearns, appeals an order dismissing with prejudice an amended complaint against appellee-de-fendants, City of Titusville, et al. We affirm.
The record on appeal contains only the amended complaint. It is devoid of *642any factual allegations, stating only that the allegations of the original complaint (not included in the record) are re-alleged, changing a date and striking the words “fraudulently” and “fraudulent” in several places. Thus, no indication of what the original cause of action was appears from the record.
It is the responsibility and duty of an appellant to provide the appellate court with a record sufficient to review the matter assigned as error. Johnson v. Town of Eatonville, Fla.App.1967, 203 So.2d 664. The appellant in the instant case has not favored this court with a sufficient record to review the matter assigned as error.
Accordingly, the order appealed is affirmed.
Affirmed.
CROSS, C. J., and WALDEN and OWEN, JJ., concur.
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Cited By
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Steinhauer v. Steinhauer, 336 So. 2d 665 (Fla. 4th DCA 1976)…446 (Fla. 3d DCA 1975). It is the responsibility of an appellant to provide the appellate court with an adequate record of the evidence and proceedings below which are essential to a just determination of the issues. Stearns v. City of Titusville, 246 So. 2d 641 (Fla. 4th DCA 1971). Without a sufficient record, the appellate court may not properly consider the points on appeal and must affirm the judgment of the lower court. Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975); Pierson v. Sharp, 283 So. 2d 880…
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Dehgan v. Pira Dehgan, 296 So. 2d 57 (Fla. 1st DCA 1974)…PER CURIAM. Affirmed on authority of Thompson v. Thompson, 93 So. 2d 90 (Fla.1957); and Stearns v. City of Titusville, 246 So. 2d 641 (Fla.App.1971). RAWLS, ' C. J., and JOHNSON and SPECTOR, JJ., concur.…
Authorities Cited
- Johnson v. Town OF Eatonville, 203 So. 2d 664 (Fla. 4th DCA 1967)