Perkins v. Penson

OPINION OF THE COURT

FREDERICK B. TYGART, Circuit Judge.

Unfortunately, as often is the case in appeals from county court to the circuit court, there is no transcript of the proceedings below. Under Rule 9.200(b)(4), Florida Appellate Rules, the Court is bound to accept the Approved Statement of Evidence filed by the trial court. This Court cannot consider the Facts and Evidence Statement filed in this appeal by the appellant, Bailey v State, 173 So.2d 708 (Fla. 1st DCA 1965) and the Court’s decision must be based upon the facts as established by the “Record” as defined in Rule 9.200(a),…