E.H. DEVELOPMENT, INC., EDILBERTO HERNANDEZ AND OLGA HERNANDEZ, APPELLANTS,
v.
KELLY TRACTOR COMPANY, A FLORIDA CORPORATION, APPELLEE

Fla. 4th DCA | 1986-11-26
No. 4-86-0985
GLICKSTEIN, DELL and GUNTHER, JJ., concur.
501 So. 2d 1301 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

GLICKSTEIN, DELL and GUNTHER, JJ., concur. ON MOTION FOR CLARIFICATION

PER CURIAM.

We hereby grant appellants’ motion for rehearing and treat it as a motion for clarification.

Appellants have been unable to furnish this court with a transcript of the evidence presented at the final hearing or a reconstructed statement thereof pursuant to Florida Rule of Appellate Procedure 9.200(b)(3) which is essential to a proper appellate consideration of the final judgment. Accordingly, we are compelled to affirm the final judgment. Gardner v. Gardner, 501 So. 2d 1300 (Fla. 4th DCA 1986).

GLICKSTEIN, DELL and GUNTHER, JJ., concur.


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  • Filmore Chaiken and Robert T. Tenen v. Suchman, 694 So. 2d 115 (Fla. 3d DCA 1997)
    …the motion for attorney’s fees, this Court must affirm. See Southeast Bank, N.A. v. David A Steves, P.A., 552 So. 2d 292, 293 (Fla. 2d DCA 1989); Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987); E.H. Dev., Inc. v. Kelly Tractor Co., 501 So. 2d 1301 (Fla. 4th DCA 1986). Without a transcript, appellate courts cannot usually determine what issues were either raised or argued by the parties during a proceeding. As such, the lack of a transcript normally precludes appellate review. The plaintiffs’…
  • Balkwill Jones v. First Fed. Sav. & Loan Ass'n of Perry, 503 So. 2d 414 (Fla. 1st DCA 1987)
    …ntial prerequisite to proper appellate consideration of the final judgment. Accordingly, we have no alternative but to affirm the final judgment. Kolb v. Kolb, 502 So. 2d 518, 519 (Fla. 1st DCA 1987); E.H. Development, Inc. v. Kelly Tractor Company, 501 So. 2d 1301 (Fla. 4th DCA 1987); Clayton v. Clayton, 442 So. 2d 310 (Fla. 1st DCA 1983); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). SMITH and THOMPSON, JJ., concur.…
  • Bachman v. Stoner, 568 So. 2d 1357 (Fla. 4th DCA 1990)
    …PER CURIAM. AFFIRMED. See Gardner v. Gardner, 501 So. 2d 1300 (Fla. 4th DCA 1986); E.H. Development, Inc. v. Kelly Tractor Co., 501 So. 2d 1301 (Fla. 4th DCA 1986). GLICKSTEIN, STONE and WARNER, JJ., concur.…

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