Smith v. White

District Court of Appeal of Florida

Smith v. White

816 So. 2d 209, 2002 Fla. App. LEXIS 6154, 2002 WL 881689

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 2002

DocketNo. 3D01-1485

StatusPublished

This text of 816 So. 2d 209 (Smith v. White) 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

Smith v. White, 816 So. 2d 209, 2002 Fla. App. LEXIS 6154, 2002 WL 881689 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

In the absence of a transcript or a stipulated statement of the proceedings below, we are compelled to affirm the order under review. See Hirsch v. Hirsch, 642 So.2d 20 (Fla. 5th DCA 1994) (failure to provide appellate court with either transcript or proper substitute for a transcript is generally fatal because, in the absence of a transcript, the appellate court is un~ able to evaluate allegations that error exists in the trial court’s findings but instead must presume such findings are correct); All American Soup & Salad, Inc. v. Colonial Promenade, 652 So.2d 911 (Fla. 5th DCA 1995) (appellant was not able to establish reversible error where he failed to bring a complete transcript of the non-jury trial proceedings to court for review); Wright v. Wright, 431 So.2d 177 (Fla. 5th DCA 1983) (findings and judgment of trial court come to appellate court clothed with a presumption of correctness and may not be disturbed in the absence of a record demonstrating error).

Affirmed.

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PER CURIAM.

In the absence of a transcript or a stipulated statement of the proceedings below, we are compelled to affirm the order under review. See Hirsch v. Hirsch, 642 So.2d 20 (Fla. 5th DCA 1994) (failure to provide appellate court with either transcript or proper substitute for a transcript is generally fatal because, in the absence of a transcript, the appellate court is un~ able to evaluate allegations that error exists in the trial court’s findings but instead must presume such findings are correct); All American Soup & Salad, Inc. v. Colonial Promenade, 652 So.2d 911 (Fla. 5th DCA 1995) (appellant was not able to establish reversible error where he failed to bring a complete transcript of the non-jury trial proceedings to court for review); Wright v. Wright, 431 So.2d 177 (Fla. 5th DCA 1983) (findings and judgment of trial court come to appellate court clothed with a presumption of correctness and may not be disturbed in the absence of a record demonstrating error).

Affirmed.

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Bluebook (online)

816 So. 2d 209, 2002 Fla. App. LEXIS 6154, 2002 WL 881689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-white-fladistctapp-2002.

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