Public-domain · open source
OpenJurist

296 So. 2d 604

Elson v. Ratner

District Court of Appeal of Florida · decided 1974-06-18

Cited by 2 later decisions — most recently November 1977

2 state decisions

Key passage — most relied on by later courts

“We also affirm the interlocutory order and recognize that although the trial judge is charged with the duty of settling disputes to make the record speak the truth, nonetheless, such duty is not indicated where the judge determines he cannot do so. See Rule 3.6(1), FAR, 32 F.S.A.; Travelers Insurance Company v. Agricultural Delivery Service, Fla.App. 1972, 262 So.2d 210 , and cases cited therein. Therefore, under the circumstances of this case we find that the trial judge is entitled to the presumption that he has performed his duty as well as the circumstances permitted. Elson v. Ratner, 296 So.2d 604 (Fla. 3DCA 1974) at 605.”

quoted by 1 later decision, including Haist v. Scarp

Relies on Travelers Ins. Co. v. Agricultural Delivery Service

Good law ✅— No negative treatment on recordhow we know

Decided 1974-06-18

View the full empirical analysis of this case →

PER CURIAM.

¶1These consolidated appeals are from a final judgment granting specific performance of a contract to sell a 1956 Rolls Royce automobile and an interlocutory appeal from an order of the trial judge declining to establish a record of disputed portions of the testimony. Although appellant has presented six points on appeal, we hold that no substantial question of law is presented and affirm the judgment.

¶2We also affirm the interlocutory order and recognize that although the trial judge is charged with the duty of settling disputes to make the record speak the truth, nonetheless, such duty is not indicated where the judge determines he cannot do so. See Rule 3.6(7), FAR, 32 F.S.A.; Travelers Insurance Company v. Agricultural Delivery Service, Fla.App.1972, 262 So.2d 210, and cases cited therein. Therefore, under the circumstances of this case we find that the trial judge is entitled to the presumption that he has performed his duty as well as the circumstances permitted.

¶3Affirmed.

/296/so2d/604 · .json · Public domain