¶1AFFIRMED. The findings and decision of the trial court are presumed correct, and Henderson, as the appellant, had the burden of demonstrating error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979). Although there is no record of the trial proceeding, Henderson could have availed himself of rule 9.200(b)(4), Florida Rules of Appellate Procedure, by submitting a statement of the evidence. Based on the record before us, we have no alternative but to affirm the judgment below. Wright v. Wright, 431 So.2d 177, 178 (Fla. 5th DCA *1021983). See also Carter v. Carter, 504 So.2d 418, 419 (Fla. 5th DCA 1987).
661 So. 2d 101
Henderson v. Mickelson
District Court of Appeal of Florida
Decided September 8, 1995
District Court of Appeal of Florida · decided 1995-09-08
Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · 431 So. 2d 177 - Wright v. Wright · 504 So. 2d 418 - Carter v. Carter
Decided 1995-09-08