CECILIA STEINHAUER, APPELLANT,
v.
JAMES L. STEINHAUER, APPELLEE
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Wife's appeal from dissolution of marriage judgment affirmed because appellant failed to provide trial transcript, making appellate review impossible.
An appellant's failure to include a trial transcript in the appellate record requires affirmance of the trial court's judgment.
[1] An appellant's failure to provide a certified transcript of trial testimony in the appellate record precludes meaningful appellate review and requires affirmance of the t…
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Join FLexlaw to unlock all legal intelligence“It is the responsibility of an appellant to provide the appellate court with an adequate record of the evidence and proceedings below which are essential to a just determination of the issues.”
Court explaining the foundational requirement for appellate review
Wife appealed a final judgment in a dissolution of marriage case, challenging child custody and the award of a special equity in the marital home to t…
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PER CURIAM.
Wife appeals from final judgment and subsequent Order Amending Final Judgment in a dissolution of marriage case. Appellant argues several points involving child custody and the award of a special equity to the husband in the former marital home. We are unable to determine the merit of this appeal because appellant does not include in the record on appeal a transcript of testimony heard by the trial judge. The record as presented is too sparse to afford a basis for any disturbance of the chancellor’s findings, which we receive with a presumption of correctness. Ledee v. Ledee, 321 So. 2d 446 (Fla. 3d DCA 1975).
It is the responsibility of an appellant to provide the appellate court with an adequate record of the evidence and proceedings below which are essential to a just determination 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. Santona Land Corp., 275 So. 2d 591 (Fla. 1st DCA 1973); Pryor v. Pryor, 274 So. 2d 242 (Fla. 1st DCA 1973).
Accordingly, we have no option but to affirm the decisions of the chancellor. Affirmed.
WALDEN, CROSS and ALDERMAN, JJ., concur.
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Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)…No. HH-210 (Fla. 1st DCA October 17, 1978), which directly conflicts with Okun v. Stuart House Condominium Association, Inc., 362 So. 2d 713 (Fla. 3d DCA 1978); Moore v. Sky Realty, Inc., 339 So. 2d 299 (Fla. 3d DCA 1976); Steinhauer v. Steinhauer, 336 So. 2d 665 (Fla. 4th DCA 1976); Buckalew v. Buckalew, 115 So. 2d 564 (Fla. 2d DCA 1959); and Bolick v. Sperry, 88 So. 2d 495 (Fla.1956). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. On January 26, 1974, Albert V. and Phyllis J. Applegate entered into a…
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Wing v. Wing, 464 So. 2d 1342 (Fla. 1st DCA 1985)…mits much of the evidence before the trial court, for the apparent reason no record was preserved. “Without a sufficient record, the appellate court may not properly consider the [factual] points on appeal and must affirm_” Steinhauer v. Steinhauer, 336 So. 2d 665, 666 (Fla. 4th DCA [*1345] 1976); Haller v. Santona Land Corp., 275 So. 2d 591 (Fla. 1st DCA 1973); Starks v. Starks, 423 So. 2d 452, 453 (Fla. 1st DCA 1983). Our review in these circumstances accordingly should not address the factual particulars…
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Mullins v. Mullins, 342 So. 2d 83 (Fla. 4th DCA 1976)…f of the property taxes due on the real property owned by them as tenants in common. The record is inadequate to permit any conclusion on this point. We have before us only the assertions in husband’s brief. We must affirm. Steinhauer v. Steinhauer, 336 So. 2d 665 (Fla. 4th DCA 1976); Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975); Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973). REVERSED in part, AFFIRMED in part, and REMANDED. CROSS and DOWNEY, JJ., concur.…
Previewing 3 of 8 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)
- William A. Haller et ux. v. Santona Land Corp., 275 So. 2d 591 (Fla. 1st DCA 1973)
- Pryor v. Pryor, 274 So. 2d 242 (Fla. 1st DCA 1973)
- Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975)
- Stearns v. City OF Titusville, 246 So. 2d 641 (Fla. 4th DCA 1971)
- Sylvain Ledee v. Ledee, 321 So. 2d 446 (Fla. 3d DCA 1975)
- Smart v. State, 321 So. 2d 446 (Fla. 3d DCA 1975)