Public-domain · open source
OpenJurist

571 So. 2d 580

Docket No. 89-2239.

Boylan v. Boylan

Martin Frances BOYLAN, Appellant, v. Elizabeth BOYLAN, Appellee.

District Court of Appeal of Florida

Decided December 28, 1990.

District Court of Appeal of Florida · decided 1990-12-28

Key passage — most relied on by later courts

“Appellant has the burden of bringing before the appellate court an adequate record to support his appeal.”

quoted by 1 later decision, including 251 So. 3d 1045 - Diaz v. Dep't of Revenue Child Support Program

Relies on 431 So. 2d 177 - Wright v. Wright · 569 So. 2d 848 - Casella v. Casella · Ahmed v. Travelers Indemnity Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1990-12-28

How this case has been cited

Cited by 10 later decisions — most recently August 2018

10 state decisions

60199020002010decided

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.

View the full empirical analysis of this case →

¶1Bruce J. Daniels of Bruce J. Daniels, P.A., West Palm Beach, for appellant.

¶2Charles W. Musgrove and J. Ralph Mabie, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The husband appeals from a final judgment of dissolution which awarded the wife rehabilitative alimony and child support. The trial in this cause was not transcribed. The trial court was unable to recall the evidence presented and denied the husband's motion to settle and approve either party's statement of the evidence. Fla.R. App.P. 9.200(b)(3).

¶5The findings and judgment of the trial court come to this court with a presumption of correctness. Wright v. Wright,431 So.2d 177 (Fla. 5th DCA 1983). Appellant has the burden of bringing before the appellate court an adequate record to support his appeal. Wright.

¶6When there is no record of the witnesses' testimony and the evidentiary rulings and when a statement of the evidence has not been approved by the trial court pursuant to Florida Rule of Appellate Procedure 9.200(b)(3) then the record is not adequate for appellate review. Wright.*581 The judgment below should then be affirmed unless the judgment is fundamentally erroneous on its face. In re Guardianship of Read,555 So.2d 869 (Fla. 2d DCA 1990); Ahmed v. Travelers Indemnity Co.,516 So.2d 40 (Fla. 3d DCA 1987); Damkohler v. Damkohler,336 So.2d 1243 (Fla. 4th DCA 1976). The trial court's order in this cause was not fundamentally erroneous, therefore we affirm the judgment below.

¶7Affirmed.

¶8GLICKSTEIN and WARNER, JJ., concur.

¶9ANSTEAD, J., dissents with opinion.

¶10ANSTEAD, Judge, dissenting.

¶11As in Casella v. Casella,569 So.2d 848 (Fla. 4th DCA 1990), it appears that the trial court has made awards that are unreasonable in view of the parties' needs and abilities.

/571/so2d/580 · .json · Public domain