Boylan v. Boylan

Boylan v. Boylan, 571 So. 2d 580 (Fla. Dist. Ct. App. 1990)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 28, 1990
Docket: No. 89-2239
Judges: Per Curiam
Citations: 571 So. 2d 5801990 WL 211724

Cited by 12 2 descriptions by later courts

Opinion — Per Curiam

571 So.2d 580 (1990)

Martin Frances BOYLAN, Appellant,

Elizabeth BOYLAN, Appellee.

No. 89-2239.

District Court of Appeal of Florida, Fourth District.

December 28, 1990.

Bruce J. Daniels of Bruce J. Daniels, P.A., West Palm Beach, for appellant.

Charles W. Musgrove and J. Ralph Mabie, West Palm Beach, for appellee.

PER CURIAM.

The husband appeals from a final judgment of dissolution which awarded the wife rehabilitative alimony and child support. The trial in this cause was not transcribed. The trial court was unable to recall the evidence presented and denied the husband's motion to settle and approve either party's statement of the evidence. Fla.R. App.P. 9.200(b)(3).

The findings and judgment of the trial court come to this court with a presumption of correctness. Wright v. Wright, 431 So.2d 177 (Fla. 5th DCA 1983). Appellant has the burden of bringing before the appellate court an adequate record to support his appeal. Wright .

When there is no record of the witnesses' testimony and the evidentiary rulings and when a statement of the evidence has not been approved by the trial court pursuant to Florida Rule of Appellate Procedure 9.200(b)(3) then the record is not adequate for appellate review. Wright . *581 The judgment below should then be affirmed unless the judgment is fundamentally erroneous on its face. In re Guardianship of Read, 555 So.2d 869 (Fla. 2d DCA 1990); Ahmed v. Travelers Indemnity Co., 516 So.2d 40 (Fla. 3d DCA 1987); Damkohler v. Damkohler, 336 So.2d 1243 (Fla. 4th DCA 1976). The trial court's order in this cause was not fundamentally erroneous, therefore we affirm the judgment below.

Affirmed.

GLICKSTEIN and WARNER, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

As in Casella v. Casella, 569 So.2d 848 (Fla. 4th DCA 1990), it appears that the trial court has made awards that are unreasonable in view of the parties' needs and abilities.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(finding that neither party's statement of the evidence was approved by the trial court and therefore the record was not adequate for appellate review)

Schmidt v. Schmidt, 997 So. 2d 451 (Fla. Dist. Ct. App. 2008)
("Appellant has the burden of bringing before the appellate court an adequate record to support his appeal.")

Diaz v. Dep't of Revenue Child Support Program, 251 So. 3d 1045 (Fla. Dist. Ct. App. 2018)

Cited by 12 cases

View all citing references →

State Appellate Courts12

Relies on it most ⓘ

Polizzi v. Polizzi600 So. 2d 490 (Fla. Dist. Ct. App. 1992)
De Clements v. De Clements662 So. 2d 1276 (Fla. Dist. Ct. App. 1995)
Schmidt v. Schmidt997 So. 2d 451 (Fla. Dist. Ct. App. 2008)
Lafaille v. Lafaille837 So. 2d 601 (Fla. Dist. Ct. App. 2003)
TR v. Department of Children and Families864 So. 2d 1278 (Fla. Dist. Ct. App. 2004)
Nova University, Inc. v. Katz636 So. 2d 729 (Fla. Dist. Ct. App. 1994)

Most recent

Kenneth Woliner v. Wilmington Savings Fund Society, Etc.No. 4D2024-2042 (Fla. Dist. Ct. App. Oct. 2, 2024)
Diaz v. Dep't of Revenue Child Support Program251 So. 3d 1045 (Fla. Dist. Ct. App. 2018)
Schmidt v. Schmidt997 So. 2d 451 (Fla. Dist. Ct. App. 2008)
TR v. Department of Children and Families864 So. 2d 1278 (Fla. Dist. Ct. App. 2004)
Lafaille v. Lafaille837 So. 2d 601 (Fla. Dist. Ct. App. 2003)
Olsen v. Mason682 So. 2d 1240 (Fla. Dist. Ct. App. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Wright v. Wright, 431 So. 2d 177 (Fla. Dist. Ct. App. 1983)	39
	Casella v. Casella, 569 So. 2d 848 (Fla. Dist. Ct. App. 1990)	42
	Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. Dist. Ct. App. 1987)	33
	Damkohler v. Damkohler, 336 So. 2d 1243 (Fla. Dist. Ct. App. 1976)	16
	In re Guardianship of Read, 555 So. 2d 869 (Fla. Dist. Ct. App. 1989)	13

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