Royal Flair, Inc. v. Cape Coral Bank, 70-809
| Decision Date | 01 September 1971 |
| Docket Number | No. 70-809,70-809 |
| Citation | 251 So.2d 895 |
| Parties | ROYAL FLAIR, INC., a Florida Corporation, Appellant, v. The CAPE CORAL BANK, a Florida Corporation, Appellee. |
| Court | Florida District Court of Appeals |
Ralph P. Ezzo, P.A., Miami, for appellant.
Adderly, Aloia & Dudley, Cape Coral, for appellee.
Appellant appeals to this court a final judgment entered on a directed verdict at the close of its case. Appellant has not brought to this court a complete transcript of the testimony adduced at the trial. In fact, the omitted testimony is that of the president of the appellant corporation and is shown by the trial judge's comments to have been the primary testimony upon which he directed the verdict.
It is well established that an appellate court can not review a judgment or order entered by a lower court when the record on appeal lacks the very testimony upon which such judgment or order is based.
For the foregoing reasons the final judgment appealed is affirmed.
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...in complying with the mandate of the Supreme Court. See Constantino v. State, Fla.App.1969, 224 So.2d 341; Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So.2d 895; Hall v. State, Fla.App.1975, 309 So.2d 248; Montalvo v. State, Fla.App.3d 1975, 323 So.2d Affirmed. 1 '914.04 Witness......
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...be raised by an appellant where he files an incomplete record. See Nelson v. State, Fla.1956, 85 So.2d 832; and Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So.2d 895. We have reviewed the record, all points in the briefs, and arguments of counsel in the light of the controlling ......
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