Trans-Continental Finance Corp. v. Baxter
District Court of Appeal of Florida
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
- Moyer v. MoyerDistrict Court of Appeal of Florida · 1959
- Lydem v. DePieraDistrict Court of Appeal of Florida · 1962
- McGuire v. NelsonDistrict Court of Appeal of Florida · 1980
- R. W. King Construction Co. v. City of MelbourneDistrict Court of Appeal of Florida · 1980
- Van Fuquay v. StateDistrict Court of Appeal of Florida · 1980
3Cited by4 opinions
- Paul Revere Life Insurance Co. v. KahnDistrict Court of Appeal of Florida · 2004
- Weisberg v. WegenerDistrict Court of Appeal of Florida · 1986
- Christman v. NMCR, INC.District Court of Appeal of Florida · 2008
- Topal v. StateCircuit Court for the Judicial Circuits of Florida · 1983