ROYAL FLAIR, INC., A FLORIDA CORPORATION, APPELLANT,
v.
THE CAPE CORAL BANK, A FLORIDA CORPORATION, APPELLEE
Appellant appeals to this court a final judgment entered on a directed verdict at the close of its case. Appellant has not brought to this court a complete transcript of the testimony adduced at the trial. In fact, the omitted testimony is that of the president of the appellant corporation and is shown by the trial judge’s comments to have been the primary testimony upon which he directed the verdict.
It is well established that an appellate court can not review a judgment or order entered by a lower court when the record on appeal lacks the very testimony upon which such judgment or order is based.
For the foregoing reasons the final judgment appealed is affirmed.
MANN and McNULTY, JJ., concur.
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Abelardo Cruz v. Lizzie Griffin Beckham, 267 So. 2d 853 (Fla. 3d DCA 1972)…not have a sufficient record to determine on what the trial judge based his order granting a new trial and, therefore, we are required to affirm same. Carroll v. Allen, Fla.App.1969, 219 So. 2d 69; Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So. 2d 895; Latin American Benefit Center, Inc. v. Johstoneaux, Fla.App.1972, 257 So. 2d 86. Affirmed.…
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State v. Anderson, 329 So. 2d 424 (Fla. 3d DCA 1976)…ppeal deleted.] The rule is that questions of sufficiency of evidence cannot be raised by an appellant where he files an incomplete record. See Nelson v. State, Fla.1956, 85 So. 2d 832; [*426] and Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So. 2d 895. We have reviewed the record, all points in the briefs, and arguments of counsel in the light of the controlling principles of law and have concluded no reversible error has been shown. This case is distinguishable from State v. Jones, Fla. App.197…
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Montalvo v. State, 323 So. 2d 674 (Fla. 3d DCA 1975)…an alleged error for appellate consideration on an incomplete record if the matter might affect the determination of the reviewing court. Costantino v. State, Fla.App.1969, 224 So. 2d 341, 343 and Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So. 2d 895. The defendant having failed to appear at the arraignment, the burden devolved upon him to establish at the hearing on his motion for discharge by competent proof his continuous availability for trial pursuant to RCrP 3.191(e).1 See Pedro v. State,…
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