BANK OF VIRGINIA, N/K/A SIGNET BANK/VIRGINIA, APPELLANT,
v.
IN RE ESTATE OF ERRIS A. INGRAHAM, SR., APPELLEE
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PER CURIAM.
Bank of Virginia seeks review of the trial court’s order of discharge of personal representative in this action for a claim against the estate. Because this court was not provided with a transcript of the hearing below, the order discharging the personal representative is affirmed.
Appellant has the burden to demonstrate error. Where the hearing below was not reported by a court reporter and the appellant has not furnished the appellate court with a stipulated statement of facts, Florida Rule of Appellate Procedure 9.200(b)(4), a judgment which is not fundamentally erroneous on its face must be affirmed. Southeast Bank, N.A. v. David A. Steves, P.A., 552 So. 2d 292 (Fla. 2d DCA 1989). See also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1980); Hamm v. Ambassador Insurance Co., 456 So. 2d 966 (Fla. 5th DCA 1984).
Affirmed.
RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hoirup v. Thora H. Hoirup, 862 So. 2d 780 (Fla. 2d DCA 2003)…o. 2d 1197 (Fla.1980). However, where a trial transcript or proper substitute does not appear in the record on appeal, the trial court’s order must be upheld unless the order is fundamentally erroneous on its face. Bank of Va. v. Estate of Ingraham, 564 So. 2d 627 (Fla. 2d DCA 1990); Hirsch v. Hirsch, 642 So. 2d 20, 21 (Fla. 5th DCA 1994). Section 61.075(1) requires that the trial court distribute marital assets and liabilities between the parties “beginning with the premise that an equal distribution should…
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Graham v. Lomar Indus., 583 So. 2d 819 (Fla. 4th DCA 1991)…to Florida Appellate Rule 9.200(b)(3) provided. It is appellants’ burden to furnish the appellate court with a record adequate to support the appeal. Carter v. Carter, 504 So. 2d 418 (Fla. 5th DCA 1987); Bank of Virginia v. In re Estate of Ingraham, 564 So. 2d 627 (Fla. 2d DCA 1990); Wright v. Wright, 431 So. 2d 177 (Fla. 5th DCA 1983). Under these circumstances, appellate relief cannot be afforded. Carter v. Carter, infra. Accordingly, the judgment and order appealed from are affirmed. DOWNEY and POLEN,…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Se. Bank, N.A. v. David A. Steves, P.A., 552 So. 2d 292 (Fla. 2d DCA 1989)
- Hamm v. Ambassador Ins. Co., 456 So. 2d 966 (Fla. 5th DCA 1984)