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Smith v. White

District Court of Appeal of Florida, Third District
May 8, 2002
816 So. 2d 209 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-1485.

May 8, 2002.

An appeal from the Circuit Court for Miami-Dade County, Victoria Platzer, Judge.

Henry Thompson, Miami, for appellant.

Stacha White, in proper person.

Before SCHWARTZ, C.J., and GREEN, and RAMIREZ, JJ.


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 unable 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.


Summaries of

Smith v. White

District Court of Appeal of Florida, Third District
May 8, 2002
816 So. 2d 209 (Fla. Dist. Ct. App. 2002)
Case details for

Smith v. White

Case Details

Full title:JOHNNIE LEE SMITH, JR., Appellant, v. STACHA WHITE, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 8, 2002

Citations

816 So. 2d 209 (Fla. Dist. Ct. App. 2002)