ARNOLD ROSENSTEIN, D/B/A CHATHAM CONSTRUCTION CO., APPELLANT,
v.
JERALD RATICOFF AND JOAN RATICOFF, HIS WIFE, APPELLEES
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While we agree with each of the abstract legal propositions advanced by appellant, we find that we are unable to apply them in the instant appeal and unable to determine that reversible error has been committed. The reason is that we have not been furnished with the record, or enough of it, whereby we can conclusively and definitively determine the whole factual basis for the trial court decisions. The judgment comes, of course, with a presumption of correctness and it is the duty of appellant to demonstrate error by furnishing the basis upon which the rulings were made in order that we may review same and decide their correctness. Belflower v. Risher, Fla.App.1969, 227 So.2d 702; Warriner v. Doug Tower, Inc,, Fla.App.1965, 180 So.2d 384; Brown v. Householder, Fla.App.1961, 134 So.2d 801.
Affirmed.
REED, C. J., and WALDEN and MAG-ER, JJ., concur.
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Fletcher v. Petman Enters., Inc., 324 So. 2d 135 (Fla. 3d DCA 1975)…s, i. e. design of the steps, adequacy of the lighting, etc. See Coburn v. Delmonico Hotel Corp., Fla.App.1967, 203 So. 2d 30; Winsemann v. Travelodge Corporation, Fla.App.1967, 205 So. 2d 315; Robinson v. Kiwanis Club of Delray Beach, Fla.App.1972, 265 So. 2d 387. In addition, we note that although plaintiff was unable to recall precisely what caused her fall, this fact would not entitle defendants to summary judgment in that the record reveals plaintiff fell to the driveway directly below the steps and the…
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Bianchi v. Garber, 528 So. 2d 969 (Fla. 4th DCA 1988)…ion of the path and the sufficiency of lighting on the path where the plaintiff tripped and fell while jogging at nighttime, precluded summary judgment); Monroe v. Badanes, 359 So. 2d 913 (Fla. 3d DCA 1978); Robinson v. Kiwanis Club of Delray Beach, 265 So. 2d 387 (Fla. 4th DCA 1972) (Evidence as to quality and quantity of the lighting at the edge of a parking lot where the invitee plaintiff tripped and fell presented questions for the jury precluding summary judgment in favor of the defendant.); Carter v. Pa…
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194TH St. Hotel Corp. v. Hopf, 383 So. 2d 739 (Fla. 3d DCA 1980)…1967), and that the entire area was insufficiently lighted. See Fountainhead Motel, Inc. v. Massey, 336 So. 2d 397 (Fla. 3d DCA 1976); Fletcher v. Petman Enterprises, Inc., 324 So. 2d 135 (Fla. 3d DCA 1976); Robinson v. Kiwanis Club of Delray Beach, 265 So. 2d 387 (Fla. 4th DCA 1972). There was thus ample evidence that the defendant had negligently maintained its premises so as to require that the liability issue be submitted to the jury. The two other points which merit discussion both concern the question…
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- Brown v. Householder, 134 So. 2d 801 (Fla. 2d DCA 1961)
- Warriner v. Doug Tower, Inc., 180 So. 2d 384 (Fla. 3d DCA 1965)
- Belflower v. Risher, 227 So. 2d 702 (Fla. 4th DCA 1969)