Henderson v. Mickelson

District Court of Appeal of Florida

Henderson v. Mickelson

661 So. 2d 101, 1995 Fla. App. LEXIS 9538, 1995 WL 525675

CourtDistrict Court of Appeal of Florida

DecidedSeptember 8, 1995

DocketNo. 94-2661

StatusPublished

This text of 661 So. 2d 101 (Henderson v. Mickelson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Henderson v. Mickelson, 661 So. 2d 101, 1995 Fla. App. LEXIS 9538, 1995 WL 525675 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.-

AFFIRMED. The findings and decision of the trial court are presumed correct, and Henderson, as the appellant, had the burden of demonstrating error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979). Although there is no record of the trial proceeding, Henderson could have availed himself of rule 9.200(b)(4), Florida Rules of Appellate Procedure, by submitting a statement of the evidence. Based on the record before us, we have no alternative but to affirm the judgment below. Wright v. Wright, 431 So.2d 177, 178 (Fla. 5th DCA [102]*1021983). See also Carter v. Carter, 504 So.2d 418, 419 (Fla. 5th DCA 1987).

GOSHORN, HARRIS and THOMPSON, JJ., concur.

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PER CURIAM.-

AFFIRMED. The findings and decision of the trial court are presumed correct, and Henderson, as the appellant, had the burden of demonstrating error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979). Although there is no record of the trial proceeding, Henderson could have availed himself of rule 9.200(b)(4), Florida Rules of Appellate Procedure, by submitting a statement of the evidence. Based on the record before us, we have no alternative but to affirm the judgment below. Wright v. Wright, 431 So.2d 177, 178 (Fla. 5th DCA [102]*1021983). See also Carter v. Carter, 504 So.2d 418, 419 (Fla. 5th DCA 1987).

GOSHORN, HARRIS and THOMPSON, JJ., concur.

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661 So. 2d 101, 1995 Fla. App. LEXIS 9538, 1995 WL 525675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-mickelson-fladistctapp-1995.

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