MELANIE DIANE WHITE, APPELLANT,
v.
WALLACE M. WHITE, APPELLEE
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The appellate court affirmed the trial court's judgment because the record was insufficient to demonstrate prejudicial error.
[1] An appellate court cannot properly consider a case without a complete record of all material evidence and proceedings from the trial court.
[2] The findings and judgment of a trial court are presumed correct and will not be disturbed on appeal absent a record demonstrating legal error.
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Join FLexlaw to unlock all legal intelligenceThe appellant raised several points on appeal, but the record was missing crucial testimony and proceedings from the trial court. The case involved cu…
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PER CURIAM.
Appellant has raised several points on appeal but our examination of the record reveals record of much of the testimony and many of the proceedings in the trial court which are necessary to an adequate review are absent therefrom.
The law is well settled that an appellate court may not properly consider a case unless the record, by one of the methods provided by the Florida Appellate Rules, reveals all evidence and proceedings which were before the trial court which are material to a resolution of the points on appeal. (Merritt v. Williams, Fla.App. 1st 1974, 295 So. 2d 310 and cases therein-cited.)
The law is equally well settled that the findings and judgment of the trial court come to us clothed with a presumption of correctness and may not be disturbed upon appeal in the absence of a record demonstrating errors of law. (Merritt v. Williams, supra, and authorities there cited.)
Appellate courts may not substitute their factual judgments for those for the trier of facts. (Merritt v. Williams, supra, and cases there cited.)
One of the issues relates to custody of the minor child of the parties. We note that the final judgment entered by the learned trial judge provides that the minor child “is hereby removed from the custody of both the husband and the wife and is committed to the custody of the Division of Family Services for placement in a suitable foster home until otherivise ordered by the court.” (Emphasis added) All courts, trial courts and appellate courts alike, must be ever mindful of the welfare of defenseless minor children, particularly those of tender years. We are confident that the trial judge will award custody of the child of the parties to this cause to a suitable relative should one be available and make application by appropriate pleading for such custody. (See Van Meter v. Murphy, Fla.App. 1st 1973, 287 So. 2d 740 and In re: Interest of R. J. C., Fla.App. 1st 1974, 300 So. 2d 54)
The record before us having failed to demonstrate prejudicial error, the final judgment appealed is
Affirmed.
RAWLS, C. J., and BOYER and McCORD, JJ., concur.
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Citator
Cited By (11 total)
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Helman v. Seaboard Coast Line R.R. Co. & William A. Cagle, 349 So. 2d 1187 (Fla. 1977)…ury. Herzog v. Herzog, Fla.Sup.Ct, 346 So. 2d 56, filed March 10, 1977; Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Ates v. Yellow Pine Land Co., 310 So. 2d 772 (Fla. 1st DCA 1975); Littel v. Hunnicutt, 310 So. 2d 45 (Fla. 1st DCA 1975); White v. White, 306 So. 2d 608 (Fla. 1st DCA 1975); Rolland v. Thompson, 305 So. 2d 239 (Fla. 1st DCA 1975); Cook v. Cook, 305 So. 2d 12 (Fla. 1st DCA 1974); Imperial Lumber Co., Inc. v. James Knowles, Inc., 267 So. 2d 53 (Fla. 2d DCA 1972); Becklin v. Travelers Indemnity Co., 26…
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Mills v. Heenan, 382 So. 2d 1317 (Fla. 5th DCA 1980)…or more than six months. The findings and judgment of the trial court come to the appellate court clothed with a presumption of correctness and may not be disturbed upon appeal in the absence of a record demonstrating errors of law. White v. White, 306 So. 2d 608 (Fla. 1st DCA 1975). It is the duty of appellant to bring before the appellate court a record adequate to support his appeal. Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973). Both parties appeared before the trial court. We have nothing before…
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Horatio Enters., Inc. v. Rabin, 614 So. 2d 555 (Fla. 3d DCA 1993)…ry. Herzog v. Herzog, Fla.Sup.Ct., 346 So. 2d 56, filed March 10, 1977; Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Ates v. Yellow Pine Land Co., 310 So. 2d 772 (Fla. 1st DCA 1975); Littel v. Hunnicutt, 310 So. 2d 45 (Fla. 1st DCA 1975); White v. White, 306 So. 2d 608 (Fla. 1st DCA 1975); Rolland v. Thompson, 305 So. 2d 239 (Fla. 1st DCA 1975); Cook v. Cook, 305 So. 2d 12 (Fla. 1st DCA 1974); Imperial Lumber Co., Inc. v. James Knowles, Inc., 267 So. 2d 53 (Fla. 2d DCA 1972); Becklin v. Travelers Indemnity Co., 26…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re the Interest of R. J. C., 300 So. 2d 54 (Fla. 1st DCA 1974)
- van Meter v. Murphy, 287 So. 2d 740 (Fla. 1st DCA 1973)
- Flemmie Birkins, Jr. v. State, 295 So. 2d 310 (Fla. 2d DCA 1974)
- Leila Williams Merritt and Ophelia R. Brooks v. Williams, 295 So. 2d 310 (Fla. 1st DCA 1974)