LAMAR ANTONIO SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-05-19
No. 5D05-3838
SHARP, W., THOMPSON and MONACO, JJ., concur.
929 So. 2d 671 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 35 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Fisher v. State, 924 So. 2d 914 (Fla. 5th DCA 2006) (holding it is within the trial court’s sound discretion to determine the admissibility of evidence, and its ruling on admissibility will not be disturbed absent an abuse of discretion).

SHARP, W., THOMPSON and MONACO, JJ., concur.


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  • Schmidt v. Drew D. Schmidt, 997 So. 2d 451 (Fla. 2d DCA 2008)
    …e testimony of witnesses or of evidentiary rulings and where a statement of the record has not been prepared, a judgment which is not fundamentally erroneous on its face must be affirmed.”); see also Marshall, 953 So. 2d at 25; Mayfield v. Mayfield, 929 So. 2d 671, 672 (Fla. 5th DCA 2006); Novom v. Novom, 513 So. 2d 789, 790 (Fla. 3d DCA 1987). In doing so, we find no error in the trial court’s rulings concerning the distribution of the money market account funds, [*453] the resolution of the issues relating…
  • FAY v. Craig, 99 So. 3d 981 (Fla. 5th DCA 2012)
    …proceed at their peril when they furnish a partial transcript. See, e.g., Estes v. Sassano, 47 So. 3d 383 (Fla. 1st DCA 2010); Cave v. Rios, 15 So. 3d 760 (Fla. 3d DCA 2009); Schmitt v. Maile, 946 So. 2d 60 (Fla. 4th DCA 2006); Mayfield v. Mayfield, 929 So. 2d 671 (Fla. 5th DCA 2006). Nor should Appellant assume that he will get another “opportunity” to supplement the record pursuant to rule 9.200(f)(2). Courts often conclude that the “opportunity” to supplement the record afforded by rule 9.200(f)(2) is waiv…
  • Marshall v. Marshall, 953 So. 2d 23 (Fla. 5th DCA 2007)
    …ired him to maintain a life insurance policy, which named his adult children as beneficiaries. Because there is no trial transcript, our review is limited to errors that may appear on the face of the amended final judgment. See Mayfield v. Mayfield, 929 So. 2d 671, 672 (Fla. 5th DCA 2006). In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).1 A trial court has considerable dis…

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