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179 So. 2d 242

Docket No. 65-180.

Morceau v. Meader

Linda MORCEAU, Appellant, v. Merle MEADER and Sandra Meader, a minor, Appellees.

District Court of Appeal of Florida

Decided October 26, 1965.

District Court of Appeal of Florida · decided 1965-10-26

Relies on Hoodless v. Jernigan · 151 So. 2d 447 - Gilson v. Murphy, Fearnley & Yawn, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1965-10-26

How this case has been cited

Cited by 11 later decisions — most recently March 1989

11 state decisions

50196519701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*243 Orman L. Hamilton, Miami, for appellant.

¶2Wheeler & Evans, Miami, for appellees.

¶3Before HENDRY, C.J., and BARKDULL and SWANN, JJ.

¶4HENDRY, Chief Judge.

¶5This is an appeal by plaintiff of an order granting appellee's motion for judgment non obstante veredicto as to punitive damages which were awarded plaintiff by a jury in an action brought by her against appellee and her minor daughter for conversion of plaintiff's poodle.

¶6In this appeal we are asked to pass upon the propriety of the trial judge's entry of the judgment N.O.V. This we are unable to do because of the insufficiency of the record before us.

¶7Where, as here, an appellant's points require a consideration of the record which was before the trial judge and where there is a failure to bring such record before the appellate court, the contentions of the appellant cannot be decided by an appellate court.[1]

¶8When relief is sought from an appellate court, it thereupon becomes the duty of appellant to make errors complained of clearly to appear by furnishing the court with an adequate record of all the facts and circumstances pertinent to and connected with the asserted errors.[2]

¶9The appellant having failed to meet these requirements, the judgment appealed must be affirmed.

¶10Affirmed.

NOTES

¶11[1] Gilson v. Murphy, Fearnley and Yawn, Inc., Fla.App. 1963, 151 So.2d 447.

¶12[2] Hoodless v. Jernigan, 51 Fla. 211, 41 So. 194 (1906).

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