ELSIE JOHNSON, PETITIONER,
v.
TOWN OF EATONVILLE, RESPONDENT
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The appellate court denied certiorari because the petitioner failed to provide a sufficient record for review.
Petitioner sought review of judgments from lower courts adjudging her guilty of traffic and other offenses. She attached incomplete portions of the tr…
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Petitioner, Elsie Johnson, by writ of certiorari seeks review of a judgment of a circuit court affirming a judgment of the Municipal Court of the Town of Eaton-ville, Florida, respondent, which adjudged the petitioner guilty of disobeying a stop sign, disorderly conduct, resisting arrest and imposing a fine.
The petitioner contends (1) that the trial court did not have proper jurisdiction over the person of the petitioner to try her on the offenses, (2) that the offenses set forth in the warrant were not supported by a sworn affidavit, and (3) the warrant was invalid because of duplicity.
The petitioner has failed to favor us with a transcript of the proceedings the petitioner seeks to have reviewed. The petitioner has attached remnants of the transcript to her brief and has made them a part of the appendix. These sketchy remnants of the transcript are insufficient for this court to review the cause before us. When no transcript of the proceedings is presented or when remnants of a transcript are presented which do not contain essential portions of the proceedings pertaining to the issues upon which the petitioner seeks review the appellate court must assume that the trial court ruled correctly. See Sydney Paper Co. v. Gans, Fla.App.1966, 193 So.2d *66541; McClosky v. Martin, Fla.1951, 56 So.2d 916.
The petitioner has labeled certain documents and papers by various names which she desires to give them without any substantiation in the record as .to the correctness of the label. It is the responsibility and the duty of the petitioner to provide the appellate court with a record sufficient to review the matter assigned as error. Gleim v. Gleim, Fla.App.1965, 176 So.2d 610; Belfield v. Lochner, Fla.App.1964, 162 So.2d 668; Cleeland v. Miami Lincoln-Mercury, Inc., Fla.App.1964, 159 So.2d 260. Petitioner has failed to supply a sufficient record.
Certiorari denied.
WALDEN, C. J., and CROSS, J., and WADDELL, THOMAS R., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (18 total)
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Conlee Constr. Co. v. CAY Constr. Co., 221 So. 2d 792 (Fla. 4th DCA 1969)…lower court was in error in vacating and cancelling. It is the responsibility and the duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned as error. Johnson v. Town of Eatonville, Fla.App.1967, 203 So. 2d 664; Gleim v. Gleim, Fla.App.1965, 176 So. 2d 610; Belfield v. Lochner, Fla.App. 1964, 162 So. 2d 668. Without the supersedeas bond or a copy thereof, this court cannot determine the extent and terms of the surety’s obligation. Thus we have no alternati…
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Wacaster v. Wacaster, 220 So. 2d 914 (Fla. 4th DCA 1969)…e plaintiff, this court will not now substitute its jugdment for that of the trial court especially where this court does not have the benefit of the investigation report which was before the trial court. Johnson v. Town of Eatonville, Fla.App.1967, 203 So. 2d 664. Affirmed. McCAIN and OWEN, JJ., concur.…
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Hall v. Bass, 309 So. 2d 250 (Fla. 4th DCA 1975)…eks to have reviewed. When no transcript of the proceedings pertaining to the issues upon which the appellant seeks review is present in the record, the appellate court must assume that the trial court ruled correctly. Johnson v. Town of Eatonville, 203 So. 2d 664 (Fla.App.1967). Accordingly, the trial court’s final judgment entered in Case No. 74 — 146 and the trial court’s order denying appellant’s petition for relief from the final judgment entered in Case No. 74 — 434 are affirmed. Affirmed. WALDEN, CR…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McClosky v. Martin, 56 So.2d 916 (Fla. 1951)
- Belfield v. Lochner, 162 So. 2d 668 (Fla. 3d DCA 1964)
- Carpenter v. State, 176 So. 2d 610 (Fla. 3d DCA 1965)
- Gleim v. Gleim, 176 So. 2d 610 (Fla. 3d DCA 1965)
- Sydney Paper Co. v. Gans, 193 So. 2d 41 (Fla. 3d DCA 1966)
- Cleeland v. Miami Lincoln-Mercury, Inc., 159 So. 2d 260 (Fla. 3d DCA 1964)