State ex rel. J.Z. v. J.S.T.

ROBERTSON, Presiding Judge.

This is a petition for writ of mandamus. This case was transferred to the author of this opinion on September 29,1994.

We note at the outset that the record before us does not contain a court reporter’s transcript of the testimony upon which the trial court based its decision. Also, there is no Rule 10(d), Ala.RApp.P., statement of the evidence in lieu of a transcript. It is well settled law in Alabama that where the trial court considered oral testimony in reaching its decision and that testimony is not in the record, the testimony is presumed to have been…