Legal Opinion

Trans-Continental Finance Corp. v. Baxter

District Court of Appeal of Florida

Decided August 12, 1981No. 81-630PublishedCited by 4 opinions

1Opinion of the Court

ORFINGER, Judge.

Petitioner requests that we issue a writ of certiorari addressed to the Circuit Court of Lake County which, while sitting as an appellate court, affirmed a judgment of the County Court except as to a portion thereof not questioned in these proceedings.

The Circuit Court’s affirmance was based on the fact that, although a transcript of the trial proceedings could have been made available on appeal, no such transcript was made a part of the appellate record. Thus the court concluded that:

[t]he law is quite clear that an appellate court cannot speculate on the ruling of the trial…

2Cases cited5 opinions

  1. Moyer v. MoyerDistrict Court of Appeal of Florida · 1959
  2. Lydem v. DePieraDistrict Court of Appeal of Florida · 1962
  3. McGuire v. NelsonDistrict Court of Appeal of Florida · 1980
  4. R. W. King Construction Co. v. City of MelbourneDistrict Court of Appeal of Florida · 1980
  5. Van Fuquay v. StateDistrict Court of Appeal of Florida · 1980

3Cited by4 opinions

  1. Paul Revere Life Insurance Co. v. KahnDistrict Court of Appeal of Florida · 2004
  2. Weisberg v. WegenerDistrict Court of Appeal of Florida · 1986
  3. Christman v. NMCR, INC.District Court of Appeal of Florida · 2008
  4. Topal v. StateCircuit Court for the Judicial Circuits of Florida · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API