Geiger v. City of Leesburg
Decision Date | 04 May 1966 |
Docket Number | No. 6387.,6387. |
Citation | 186 So.2d 260 |
Parties | Raymond J. GEIGER and His Wife, Leonora V. Geiger, Appellants, v. CITY OF LEESBURG, a Municipal Corporation, Appellee. |
Court | Florida District Court of Appeals |
Young J. Simmons, of Green & Simmons, Ocala, for appellants.
Monroe McDonald, of Sanders, McEwan, Schwarz & Mims, Orlando, for appellee.
This is an appeal from a final judgment entered upon a jury verdict in favor of the appellee-defendant.
The appellants, plaintiffs below, contend that the entry of the trial court's partial summary judgment which was based on the pleadings, depositions, admissions, interrogatories and affidavits filed herein created reversible error.
The record on appeal contains no depositions, admissions, interrogatories or affidavits. We therefore are precluded from reviewing the correctness of the partial summary judgment entered below. The well-established rule of law is succinctly found in the case of Broward County Port Authority for Use and Benefit of Cappelen v. F.M. Rule & Company, Fla.App. 1960, 119 So.2d 82, wherein it is stated:
The other assignments of error have carefully been considered and are to be found without merit.
The final judgment appealed is hereby affirmed.
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...therefore, precluded from reviewing the correctness of the summary decree entered below. This court, in the case of Geiger v. City of Leesburg, Fla.App.1966, 186 So.2d 260, relied on an opinion written by the late Judge Kanner and '* * * The well-established rule of law is succinctly found ......
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...when it appears that such depositions are not included in the record transmitted to the appellate court. See also: Geiger v. City of Leesburg, Fla.App.1966, 186 So.2d 260. No reversible error having been made to appear, the judgment appealed is Affirmed. ...