Steinhauer v. Steinhauer, 75--1224
| Decision Date | 30 July 1976 |
| Docket Number | No. 75--1224,75--1224 |
| Parties | Cecilia STEINHAUER, Appellant, v. James L. STEINHAUER, Appellee. |
| Court | Florida District Court of Appeals |
Sam E. Murrell, Jr., of Sam E. Murrell & Sons, Orlando, for appellant.
No appearance for appellee.
Wife appeals from final judgment and subsequent Order Amending Final Judgment in a dissolution of marriage case. Appellant argues several points involving child custody and the award of a special equity to the husband in the former marital home. We are unable to determine the merit of this appeal because appellant does not include in the record on appeal a transcript of testimony heard by the trial judge. The record as presented is too sparse to afford a basis for any disturbance of the chancellor's findings, which we receive with a presumption of correctness. Ledee v. Ledee, 321 So.2d 446 (Fla.3d DCA 1975).
It is the responsibility of an appellant to provide the appellate court with an adequate record of the evidence and proseedings below which are essential to a just determination of the issues. Stearns v. City of Titusville, 246 So.2d 641 (Fla.4th DCA 1971). Without a sufficient record, the appellate court may not properly consider the points on appeal and must affirm the judgment of the lower court. Hall v. Bass, 309 So.2d 250 (Fla.4th DCA 1975); Pierson v. Sharp, 283 So.2d 880 (Fla.4th DCA 1973). It may be added that the recollections of counsel as to what was said and done in chancery are no substitute on appeal for a certified transcript of the proceedings. Haller v. Santona Land Corp., 275 So.2d 591 (Fla.1st DCA 1973); Pryor v. Pryor, 274 So.2d 242 (Fla.1st DCA 1973).
Accordingly, we have no option but to affirm the decisions of the chancellor.
Affirmed.
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...Association, Inc., 362 So.2d 713 (Fla. 3d DCA 1978); Moore v. Sky Realty, Inc., 339 So.2d 299 (Fla. 3d DCA 1976); Steinhauer v. Steinhauer, 336 So.2d 665 (Fla. 4th DCA 1976); Buckalew v. Buckalew, 115 So.2d 564 (Fla. 2d DCA 1959); and Bolick v. Sperry, 88 So.2d 495 (Fla.1956). We have juris......
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Eberly v. Eberly, 75--1714
...of which Mr. Eberly had supplied no transcript, and we are without means to review the circuit court's rulings. Steinhauer v. Steinhauer, 336 So.2d 665 (Fla.4th DCA 1976) and Haller v. Santona Land Corp., 275 So.2d 591 (Fla.1st DCA 1973). In one respect, however, we conceive error appears n......
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Wing v. Wing, AY-117
... ... court may not properly consider the [factual] points on appeal and must affirm ... " Steinhauer v. Steinhauer, 336 So.2d 665, 666 (Fla. 4th DCA ... 1976); Haller v. Santona Land Corp., 275 ... ...
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Mullins v. Mullins
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