CHRISTOPHER MAERZ
v.
BRITTANI MAERZ
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An appellant's failure to provide a transcript of the hearing below results in an inadequate record that prevents appellate review of whether the trial court abused its discretion.
[1] An appellant's failure to provide a transcript of the hearing below creates an inadequate appellate record that prevents meaningful review of whether the trial court abus…
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Join FLexlaw to unlock all legal intelligence“Because the Appellant failed to provide this Court with a transcript of the hearing below, the record presented to us is inadequate to demonstrate whether the trial court abused its discretion in denying the motion to transfer venue.”
Court's explanation for affirming based on inadequate appellate record
Christopher Maerz appealed a nonfinal order from the Circuit Court for Brevard County regarding a motion to transfer venue.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CHRISTOPHER MAERZ,
Appellant,
v. Case No. 5D20-2642
BRITTANI MAERZ,
Appellee.
________________________________/
Opinion filed March 2, 2021
Nonfinal Appeal from the Circuit Court for Brevard County, Christina Serrano, Judge.
Clifford A. Taylor, John E. Napolitano, and Megan A. Rosenberg, of The Hogan Law Firm, Spring Hill, for Appellant.
William D. Slicker, of William D. Slicker, P.A., St. Petersburg, for Appellee.
PER CURIAM.
AFFIRMED. See Garcia v. Garcia, 958 So. 2d 947, 948–49 (Fla. 3d DCA 2007) (“[B]ecause the Appellant failed to provide this Court with a transcript of the hearing below, the record presented to us is inadequate to demonstrate whether the trial court abused its discretion in denying the motion to transfer venue.” (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))); Farrey’s Wholesale Hardware Co.
2 v. Hobesound Indus. Park, Inc., 719 So. 2d 374, 375 n.1 (Fla. 3d DCA 1998) (“The ‘Tipsy Coachman’ rule provides that if the lower court assigns an erroneous reason for its decision, the decision will be affirmed where there is some other reason or basis to support it.” (citing Carraway v. Armour & Co., 156 So. 2d 494, 497 (Fla. 1963))).
COHEN, LAMBERT, and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Somma v. Metra Elecs. Corp., 727 So. 2d 302 (Fla. 5th DCA 1999)
- Carraway v. Armour & Co. & the Fla. Indus. Comm'n, 156 So. 2d 494 (Fla. 1963)
- Garcia v. Garcia, 958 So. 2d 947 (Fla. 3d DCA 2007)
- Farrey's Wholesale Hardware Co., Inc. v. Hobesound Indus. Park, Inc., 719 So. 2d 374 (Fla. 3d DCA 1998)