JESUS FERNANDEZ AND ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION, APPELLANTS,
v.
FRANCISCO AROCHA, APPELLEE
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The court held that the appellate record was insufficient to demonstrate error by the trial court.
Plaintiff, a passenger in defendant's car, was injured in an intersectional accident. The defendant appealed a partial summary judgment on liability e…
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PER CURIAM.
This is an interlocutory appeal from a partial summary judgment on the question of liability entered by the trial court in favor of the plaintiff.
This litigation evolves from an intersec-tional automobile accident in which the plaintiff, a passenger in the defendant’s car, was injured.
The defendant and his insurance company contend on appeal that summary judgment was improper because a genuine issue of material fact prevailed as to whether or not the defendant was negligent and whether his negligence proximately caused the accident.
However, review of the record on appeal does not make possible a proper disposition of this case, based upon the record which the trial court considered.
The record contains only portions of the plaintiff’s and the defendant’s depositions which the trial judge considered in full. Moreover, the record contains only one interrogatory, number 89, answered by the plaintiff.
Of course, this court presumes that the action taken by the trial court was correct. It is the appellant’s burden to present an appellate record which demonstrates otherwise. E. g., Curtiss-Wright Corporation v. King, Fla.App.1968, 207 So. 2d 294; Pierson v. Sharp, Fla.App. 1973, 283 So. 2d 880.
The record in this case makes it impossible for this court to conclude that the trial court erred. Accordingly, the judgment appealed is affirmed.
Affirmed.
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Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla. 3d DCA 1976)…upon, filed this action. The appellees contend that there can be no reversal in this case because the entire record was not brought into this court, citing Butler v. Metropolitan Dade County, 298 So. 2d 552 (Fla. 3rd DCA 1974); Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3rd DCA 1975). We agree that normally a summary judgment will not be reversed when the entire record is not brought before the appellate court. However, in this case, the appellants did bring sufficient record to show a genuine issue as to whe…
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Tuttle v. Miami Dolphins, Ltd., 551 So. 2d 477 (Fla. 3d DCA 1988)…eing no record of what evidence the court considered,” affirm. Mutual Life Insurance Co. v. Okun, 485 So. 2d 897, 899 (Fla. 4th DCA 1986). See [*484] Cohen v. Cohen, 70 So. 2d 362 (Fla.1954); Ben-Hain v. Tacher, 418 So. 2d 1107; Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975); Broward County Port Authority v. F.M. Rule & Co., 119 So. 2d 82. These principles are usually applied where the evidence presented to the trial court can readily be, but is not, made a part of the record, as in the case of unrec…1 / 2
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Phillips v. State, 351 So. 2d 738 (Fla. 3d DCA 1977)…al judge erred as contended by appellant. Therefore, the decision of the trial court on this point is also affirmed. See Lightbourn v. State, 129 Fla. 43, 175 So. 857 (1937); McKnight v. State, 341 So. 2d 261 (Fla. 3d DCA 1977); Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975); and Darty v. State, 161 So. 2d 864 (Fla. 2d DCA 1964). Based on the foregoing, the judgment appealed is affirmed. Affirmed.…
Previewing 3 of 18 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)
- Curtiss-Wright Corp. v. Ernestine A. King, 207 So. 2d 294 (Fla. 3d DCA 1968)