Legal Opinion

Macneil v. Discount Grocery & Things, Inc.

Circuit Court for the Judicial Circuits of Florida

Decided November 1, 1988No. Case No. 88-5-AC (County Court Case No. 87-2205-CC)Published

1Opinion of the Court

OPINION OF THE COURT

E. PETERSON, Circuit Judge.

This matter was tried before the trial court without a jury and apparently without a court reporter since a transcript of the trial is absent from the record on appeal. The appellant has not furnished a statement of the evidence or proceedings as provided by Rule 9.200 of the Fla.App.P.

In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. A transcript of the testimony at trial is needed in order to allow the appellate court to properly resolve the…

2Cases cited5 opinions

  1. Crawford v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Ruden v. MedalieDistrict Court of Appeal of Florida · 1974
  3. Gordon v. BurkeDistrict Court of Appeal of Florida · 1983
  4. Carter v. CarterDistrict Court of Appeal of Florida · 1987
  5. Thomas v. ThomasDistrict Court of Appeal of Florida · 1986

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