GEORGE F. STRAUSER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Inadequate Appellate Record cases and more on FLexlaw
DAUKSCH, Judge.
Petitioner seeks our Writ of Certiorari to the circuit court to review its decision, in its appellate capacity, affirming a conviction in the county court. This petition was filed before the effective date of the new appellate rules. While petitioner urges error and brings up a partial transcript of the trial, he has failed to bring us the entire transcript and we cannot, from an inadequate record, determine if the alleged error was harmful or harmless. Of course, all judgments come to us presumed correct and it is petitioner’s burden to demonstrate otherwise. Pierson v. Sharp, 283 So. 2d 880 (Fla.4th DCA 1973); Johnson v. Eatonville, 203 So. 2d 664 (Fla.4th DCA 1967); Rosenstein v. Raticoff, 265 So. 2d 387 (Fla.4th DCA 1972); Schmotzer v. Poisson, 345 So. 2d 769 (Fla.4th DCA 1977); Johnson & Panico, P. A. v. Couch, 350 So. 2d 1080 (Fla.4th DCA 1977).
Petition for Writ of Certiorari is DENIED.
CROSS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fed. Express Corp. v. Gadith Sabbah, 48 Fla. L. Weekly D203 (Fla. 3d DCA 2023)…of appeal was filed before the effective date); Wallen v. Tyson, 174 So. 3d 1058, 1060 (Fla. 5th DCA 2015) (declining to apply amendments to Florida Rule of Appellate Procedure 9.020(i)(3) to case filed before effective date); Strauser v. State, 360 So. 2d 113, 114 (Fla. 4th DCA 1978) (declining to apply amendments to appellate rules where notice of appeal was filed before the effective date); Thomas v. Cilbe, Inc., 104 So. 2d 397, ---PAGE 6--- 399 (Fla. 2d DCA 1958) (“This appellate proceeding was br…1 / 2
-
Vital Pharms., Inc. v. Kesten (Fla. 3d DCA 2022)
Authorities Cited
- Johnson v. Town OF Eatonville, 203 So. 2d 664 (Fla. 4th DCA 1967)
- Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973)
- Rosenstein v. Raticoff, 265 So. 2d 387 (Fla. 4th DCA 1972)
- Robinson v. Kiwanis Club OF Delray Beach, 265 So. 2d 387 (Fla. 4th DCA 1972)
- Schmotzer v. Poisson, 345 So. 2d 769 (Fla. 4th DCA 1977)
- Meadows Dev. Co. v. Ihle, 345 So. 2d 769 (Fla. 1st DCA 1977)
- Johnson & Panico, P. A. v. Couch, 350 So. 2d 1080 (Fla. 4th DCA 1977)