Legal Opinion · Dissent

Crusaw v. Crusaw

District Court of Appeal of Florida

Decided June 1, 1994No. 93-54Published

1DissentErvin, Judge

I am unable to concur with the majority in affirming the trial court’s final judgment canceling the deed on the ground that it was given without consideration. In concluding that reversal is required, I am not unaware of the heavy burden placed upon an appellant seeking reversal of a judgment in a case containing only a partial record. As observed by the Florida Supreme Court in Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979): “Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that…

2Cases cited15 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Waterman v. HigginsSupreme Court of Florida · 1891
  3. Reed v. FainSupreme Court of Florida · 1962
  4. Florida Moss Products Co. v. City of LeesburgSupreme Court of Florida · 1927
  5. Jackson v. JacksonSupreme Court of Florida · 1925

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