MICHAEL MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1978-03-08
No. 76-1454
BOARDMAN, C. J., and DANAHY, J., concur.
356 So. 2d 44 Florida District Court of Appeal, Second District (1978) Positive Treatment
Cited by 1 case

Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Appellant’s sole assignment of error is that the trial court erred in denying his motion for a new trial. However, he has failed to provide this court with a transcript of the hearing on that motion. Consequently, since we must presume that a trial court’s order is correct unless the record otherwise demonstrates, we affirm appellant’s conviction. Abascal v. State, 345 So. 2d 397 (Fla. 3d DCA 1977); Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963).

BOARDMAN, C. J., and DANAHY, J., concur.


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  • …ntrary which may be drawn in favor of appellant. Accordingly, the summary judgment entered by the trial court on the pleadings should be reversed and the cause remanded for further proceedings consistent with this opinion. E. g., Belghaus v. Polcar, 356 So. 2d 44 (Fla. 2d DCA 1978). REVERSED and REMANDED. SCHEB and DANAHY, JJ., concur.…

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