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Lydem v. DePiera

John A. LYDEM, doing business as Mickler & Lyden v. Lilia Rojas DePIERA and Henri F. Withington and Gladys Withington, his wife

Lydem v. DePiera, 147 So. 2d 573 (Fla. Dist. Ct. App. 1962)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 18, 1962
Docket
No. 62-290
Judges
Barkdull, Hendry, Horton
Citations
147 So. 2d 573
Cited by 7

Opinion of the Court

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PER CURIAM.

The appellant, plaintiff in the trial court, seeks review of a final judgment rendered in favor of the defendant following a non-jury trial.

*574 Unfortunately, the trial proceedings were not transcribed and the record has not been perfected in accordance with the principles announced in Potash v. Dry & Company, 8 Fla.Supp. 174, which procedure was cited with approval by this court in Moyer v. Moyer, Fla.App.1959, 114 So.2d 638 .

Therefore, not having the evidence before us that was taken in the trial court, we have no alternative but to affirm the final judgment. See: Hall v. Davis, Fla.App. 1958, 106 So.2d 599 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1968: 11971: 11972: 11977: 21978: 11981: 119682026peak 1977 · 2

Relies on it most ⓘ

  1. Trans-Continental Finance Corp. v. Baxter402 So. 2d 1289 (Fla. Dist. Ct. App. 1981)
  2. Shupack v. Allstate Insurance Co.356 So. 2d 1298 (Fla. Dist. Ct. App. 1978)
  3. Travelers Ins. Co. v. Agricultural Delivery Service262 So. 2d 210 (Fla. Dist. Ct. App. 1972)
  4. City of Miami v. Brown256 So. 2d 78 (Fla. Dist. Ct. App. 1971)
  5. Farto v. State348 So. 2d 398 (Fla. Dist. Ct. App. 1977)
  6. Richardson v. Fast208 So. 2d 832 (Fla. Dist. Ct. App. 1968)

Most recent

  1. Trans-Continental Finance Corp. v. Baxter402 So. 2d 1289 (Fla. Dist. Ct. App. 1981)
  2. Shupack v. Allstate Insurance Co.356 So. 2d 1298 (Fla. Dist. Ct. App. 1978)
  3. Farto v. State348 So. 2d 398 (Fla. Dist. Ct. App. 1977)
  4. Hunt Truck Sales & Service, Inc. v. Jody's Leasing Co.343 So. 2d 671 (Fla. Dist. Ct. App. 1977)
  5. Travelers Ins. Co. v. Agricultural Delivery Service262 So. 2d 210 (Fla. Dist. Ct. App. 1972)
  6. City of Miami v. Brown256 So. 2d 78 (Fla. Dist. Ct. App. 1971)

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 2

DepthCaseCited by
Moyer v. Moyer, 114 So. 2d 638 (Fla. Dist. Ct. App. 1959) 19
Hall v. Davis, 106 So. 2d 599 (Fla. Dist. Ct. App. 1958) 19

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