Adoption of Gaskins, Matter of, 75--94

• Decision Date: 12 September 1975
• Docket Number: No. 75--94,75--94
• Citation: 318 So.2d 165
• Parties: In the Matter of the ADOPTION OF Tamara Gail GASKINS.
• Court: Florida District Court of Appeals

Page 165

318 So.2d 165

In the Matter of the ADOPTION OF Tamara Gail GASKINS.

No. 75--94.

District Court of Appeal of Florida, Fourth District.

Sept. 12, 1975.

Michael Sigman, Orlando, for appellant.

Roy A. Jones, Whitfield, Wright, Leonhardt & Trickel, Orlando, for appellee.

PER CURIAM.

The decree of the lower court granting a petition for adopting finding that such adoption is in the best interest of the child arrives at the appellate level with a presumption of correctness; absent a showing of a lack of competent substantial evidence to support the decree, the decision will not be reversed. Smith v. Lyst, Fla.App.1968, 212 So.2d 921. It is impossible for this court to determine whether the trial court abused its discretion because of the absence of a transcript of testimony upon which the trial court findings were based. Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So.2d 895. ¹ Accordingly, by reason of the foregoing the final judgment of adoption is affirmed.

Affirmed.

CROSS, MAGER and DOWNEY, JJ., concur.

1 Additionally, the trial court's order of December 12, 1974, containing certain detailed findings has not been included in the record on appeal.