SUSAN ELSON AND JEROME ELSON, APPELLANTS,
v.
JOEL RATNER, APPELLEE

Fla. 3d DCA | 1974-06-18
Nos. 73-946, 74-245
Before BARKDULL, C. J., and PEARSON and CARROLL, JJ.
296 So. 2d 604 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 4 cases
Topics
Specific Performance Of Contract

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Opinion of the Court
PER CURIAM.

PER CURIAM.

These consolidated appeals are from a final judgment granting specific performance of a contract to sell a 1956 Rolls Royce automobile and an interlocutory appeal from an order of the trial judge declining to establish a record of disputed portions of the testimony. Although appellant has presented six points on appeal, we hold that no substantial question of law is presented and affirm the judgment.

We also affirm the interlocutory order and recognize that although the trial judge is charged with the duty of settling disputes to make the record speak the truth, nonetheless, such duty is not indicated where the judge determines he cannot do so. See Rule 3.6(7), FAR, 32 F.S.A.; Travelers Insurance Company v. Agricultural Delivery Service, Fla.App.1972, 262 So. 2d 210, and cases cited therein. Therefore, under the circumstances of this case we find that the trial judge is entitled to the presumption that he has performed his duty as well as the circumstances permitted.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Melval C. Haist v. Scarp, 351 So. 2d 1120 (Fla. 4th DCA 1977)
    …a.App. 1972, 262 So. 2d 210, and cases cited therein. Therefore, under the circumstances of this case we find that the trial judge is entitled to the presumption that he has performed his duty as well as the circumstances permitted. Elson v. Ratner, 296 So. 2d 604 (Fla. 3DCA 1974) at 605. In the case at bar both sides chose not to avail themselves of a court reporter. Such a choice always has had the potential for a backfire and we cannot agree that the courts are required to be used as substitutes for court…
  • Elson v. Ratner, 304 So. 2d 454 (Fla. 1974)
    …Certiorari denied. 296 So. 2d 604. ERVIN, Acting C. J., and BOYD, Mc-CAIN, DEKLE and OVERTON, JJ., conCur.…

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