DADE COUNTY BOARD OF PUBLIC INSTRUCTION AND THE CONTINENTAL INSURANCE COMPANY, APPELLANTS,
v.
LOUIS LEON FOSTER, APPELLEE
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The court affirmed the trial court's judgment because the appellant failed to provide a sufficient record on appeal to demonstrate error.
The trial court determined the appellee was an omnibus insured under an insurance policy after taking evidence. However, no evidence was presented in …
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PER CURIAM.
In the final judgment appealed herein, the trial judge concluded that the appellee was an omnibus insured under an insurance policy issued to the Dade County Board of Public Instruction. Said judgment recites that this determination was made after “evidence having been taken in the cause”.
The policy was ambiguous. The trial judge indicated he received evidence, yet no such evidence was presented in the record on appeal. We therefore affirm.
It is incumbent for the appellant, under Florida Appellate Rules, to bring the record to the court sufficient to demonstrate error. See: Rules 3.6, subds. b, d(l), F.A.R.; Phillips v. Blum, Fla.App.1963, 139 So. 2d 459. It has many times been held that where a trial court makes a determination of fact this issue may not be reviewed when the evidence is not presented in the record on appeal. See: Phillips v. Blum, supra; Stuco Corp. v. Gates, Fla.App.1967, 145 So. 2d 527; Belflower v. Risher, Fla.App.1969, 227 So. 2d 702; Pierson v. Sharp, Fla.App.1973, 283 So. 2d 880. There was some contention at oral argument that this introductory paragraph to the final judgment was inaccurate. If this was so, the time to correct it was prior to the case being submitted on the merits. Florida Appellate Rules specifically provide the proper proceeding for doing this. See: Rule 3.6 subd. I, F.A.R. Therefore, for the reasons above stated, the final judgment here under review be and the same is hereby affirmed.
Affirmed.
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Nuzhat Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987)…PER CURIAM. An appellant has the burden to present a record that will overcome the presumption of the correctness of the trial court’s findings. Dade County Bd. of Pub. Instruction v. Foster, 307 So. 2d 502 (Fla. 3d DCA 1975). Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which i…
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Zarate v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 556 (Fla. 3d DCA 2012)…n, certified copies of the business records should have been attached. An appellant has the burden to present a record that will overcome the presumption of the correctness of the trial court’s findings. Dade Cnty. Bd. of Pub. Instruction v. Foster, 307 So. 2d 502 (Fla. 3d DCA 1975). The record here, however, contains no transcript of the summary judgment hearing at which such issues should have and could have been raised. As a result, we do not know if Zarate argued these concerns at the hearing, or if any o…
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Hazuri v. State, 23 So. 3d 857 (Fla. 3d DCA 2009)…en response returned to the jury and defense counsel did not ask that the written response be read into the record for our benefit — which may be reason enough to affirm the conviction in this case, see Dade County Bd. of Pub. Instruction v. Foster, 307 So. 2d 502, 502 (Fla. 3d DCA 1975) ("It is incumbent for the appellant, under Florida Appellate Rules, to bring the record to the court sufficient to demonstrate error.”) — but based upon the record we do have, we know it was defense counsel who inserted "read…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973)
- Phillips v. Blum, 139 So. 2d 459 (Fla. 3d DCA 1962)
- Stuco Corp. v. Gates, 145 So. 2d 527 (Fla. 2d DCA 1962)
- Belflower v. Risher, 227 So. 2d 702 (Fla. 4th DCA 1969)