Felsen v. Felsen

District Court of Appeal of Florida

Felsen v. Felsen

629 So. 2d 1083, 1994 Fla. App. LEXIS 67, 1994 WL 5169

District Court of Appeal of Florida·Decided January 12, 1994·No. No. 93-1613·Published

Opinion

PER CURIAM.

Upon review of the briefs, and the record presented, we have determined that disposition of this appeal is governed by Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1st DCA 1979), in which the court held that in appellate proceedings, the decision of the trial court has the presumption of correctness, and the burden is on the appellant to demonstrate error; the lack of a trial transcript or a proper substitute precludes appellate review of the underlying factual issues so as to preclude the conclusion that the trial court’s judgment is not supported by the evidence, or upon some alternative theory.

AFFIRMED.

SMITH, BARFIELD and MICKLE, JJ., concur.

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PER CURIAM.

Upon review of the briefs, and the record presented, we have determined that disposition of this appeal is governed by Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1st DCA 1979), in which the court held that in appellate proceedings, the decision of the trial court has the presumption of correctness, and the burden is on the appellant to demonstrate error; the lack of a trial transcript or a proper substitute precludes appellate review of the underlying factual issues so as to preclude the conclusion that the trial court’s judgment is not supported by the evidence, or upon some alternative theory.

AFFIRMED.

SMITH, BARFIELD and MICKLE, JJ., concur.

Felsen v. Felsen, 629 So. 2d 1083, 1994 Fla. App. LEXIS 67, 1994 WL 5169 (Fla. Ct. App. 1994).

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