Legal Opinion

Phillips v. State

Circuit Court for the Judicial Circuits of Florida

Decided January 11, 1991No. Case No. 90-008 AC A02 (Lower Court Case No. 89-138332 TI A08)Published

1Opinion of the Court

OPINION OF THE COURT

COLBATH, J.

The Appellant, Defendant below, appeals the trial court’s finding him guilty of speeding.

The record on appeal contains neither a transcript nor a narrative report of the trial court’s proceedings. A lower court’s ruling comes to an appellate court clothed with a presumption of correctness, and without a record to demonstrate an abuse of discretion of the trial court, an appellate court must affirm. Sun First National Bank of Orlando v Santarsiero, 401 So.2d 946 (Fla. 5th DCA 1981) and Pence v Ennis, 163 So.2d 330 (Fla. 2d DCA 1964). Accordingly, this Court has…

2Cases cited2 opinions

  1. Pence v. EnnisDistrict Court of Appeal of Florida · 1964
  2. Sun First National Bank of Orlando v. SantarsieroDistrict Court of Appeal of Florida · 1981

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