Mingo v. Cain

BARNS, J.:

BARNS, J.:

Appellee, on petition for rehearing, complains that the record on appeal fails to contain all the evidence and, for that reason, that the decision reversing the Chancellor is in error, and submits in support of his position that the law as heretofore announced is as follows :

“No error predicated on lack of evidence to sustain decree was shown, where testimony introduced before trial court was not included in transcript.”- — Yearwood v. Welch, 107 Fla. 143, 144 So. 308.

“Assignment that court erred in entering final decree could not be considered where chancellor’s…