Polk v. Polk

District Court of Appeal of Florida

Polk v. Polk

531 So. 2d 1003, 13 Fla. L. Weekly 2213, 1988 Fla. App. LEXIS 4218, 1988 WL 97828

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 1988

DocketNo. 87-3328

StatusPublished

This text of 531 So. 2d 1003 (Polk v. Polk) 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.

Bluebook

Polk v. Polk, 531 So. 2d 1003, 13 Fla. L. Weekly 2213, 1988 Fla. App. LEXIS 4218, 1988 WL 97828 (Fla. Ct. App. 1988).

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Opinion

PARKER, Judge.

Appellant George Polk seeks review of the trial court’s property distribution between the parties in a final judgment for dissolution of marriage. We affirm.

The final hearing was not recorded. The decision of the trial court has the presumption of correctness, and the burden is on Mr. Polk to demonstrate trial court error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979). He has not. Without a record of the trial court proceedings, this appellate court cannot properly resolve the underlying disputed factual issues. The trial court should be affirmed because the record Mr. Polk brought forward is inadequate to demonstrate reversible error. Id. at 1152.

AFFIRMED.

FRANK, A.C.J., and HALL, J., concur.

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PARKER, Judge.

Appellant George Polk seeks review of the trial court’s property distribution between the parties in a final judgment for dissolution of marriage. We affirm.

The final hearing was not recorded. The decision of the trial court has the presumption of correctness, and the burden is on Mr. Polk to demonstrate trial court error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979). He has not. Without a record of the trial court proceedings, this appellate court cannot properly resolve the underlying disputed factual issues. The trial court should be affirmed because the record Mr. Polk brought forward is inadequate to demonstrate reversible error. Id. at 1152.

AFFIRMED.

FRANK, A.C.J., and HALL, J., concur.

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Bluebook (online)

531 So. 2d 1003, 13 Fla. L. Weekly 2213, 1988 Fla. App. LEXIS 4218, 1988 WL 97828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polk-v-polk-fladistctapp-1988.

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