MARVIN T. HALL, APPELLANT,
v.
E. LUCILLE BASS AND H. V. WILDER, AS GUARDIAN OF THE PERSON AND ESTATE OF E. LUCILLE BASS, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the trial court's final judgment and order denying relief because the appellant failed to provide a transcript of the proceedings.
The appellant, Marvin T. Hall, brought an ejectment action against the appellees, E. Lucille Bass and H. V. Wilder. The trial court entered a final ju…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ejectment cases and more on FLexlaw
PER CURIAM.
We consolidate for the purposes of review and disposition interlocutory appeal, Case No. 74 — 434, with the plenary appeal, Case No. 74 — 146. The question raised by the appeal is whether the trial court erred in entering a final judgment in favor of the appellee-defendants, E. Lucille Bass and H. V. Wilder, as Guardian of the Person and Estate of E. Lucille Bass, in an ejectment action brought by appellant-plaintiff, Marvin T. Hall.
The appellant has failed to favor us with a transcript of the proceedings the appellant seeks to have reviewed. When no transcript of the proceedings pertaining to the issues upon which the appellant seeks review is present in the record, the appellate court must assume that the trial court ruled correctly. Johnson v. Town of Eatonville, 203 So. 2d 664 (Fla.App.1967).
Accordingly, the trial court’s final judgment entered in Case No. 74 — 146 and the trial court’s order denying appellant’s petition for relief from the final judgment entered in Case No. 74 — 434 are affirmed.
Affirmed.
WALDEN, CROSS and MAGER, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dralus v. Dralus, 627 So. 2d 505 (Fla. 2d DCA 1993)…(Fla. 1st DCA 1976). It must also be remembered that when no transcript of the proceedings pertaining to the issues upon which the complaining party seeks review is present in the record, we must assume that the court ruled correctly. Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975). In this instance, the complaining party, i.e. the majority, did not order a transcript of the charging lien hearing. The record reflects that a hearing was held and due notice of the hearing was given. None of the parties compla…
-
Damkohler v. Heidi Damkohler (Pollmann), 336 So. 2d 1243 (Fla. 4th DCA 1976)…record of the proceedings below. In the absence of such a record we must presume that there was sufficient evidence and testimony presented to the trial court to support its findings of fact. Nelson v. State, 85 So. 2d 832 (Fla.1956); Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975). We are therefore limited to a consideration of any fundamental error which appears on the face of the order. The relevant portion of the contempt order which is the subject of this appeal is set out below. [*1244] “The records…
-
Steinhauer v. Steinhauer, 336 So. 2d 665 (Fla. 4th DCA 1976)…mination of the issues. Stearns v. City of Titusville, 246 So. 2d 641 (Fla. 4th DCA 1971). Without a sufficient record, the appellate court may not properly consider the points on appeal and must affirm the judgment of the lower court. Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975); Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973). It may be added that the recollections of counsel as to what was said and done in chancery are no substitute on appeal for a certified transcript of the proceedings. Haller v…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Town OF Eatonville, 203 So. 2d 664 (Fla. 4th DCA 1967)