No. 75-94 | Fla. Dist. Ct. App. | Sep 12, 1975

PER CURIAM.

The decree of the lower court granting a petition for adoption finding that such adoption is in the best interest of the child arrives at the appellate level with a presumption of correctness; absent a showing of a lack of competent substantial evidence to support the decree, the decision will not be reversed. Smith v. Lyst, Fla.App.1968, 212 So. 2d 921" court="Fla. Dist. Ct. App." date_filed="1968-07-23" href="https://app.midpage.ai/document/smith-v-lyst-1101464?utm_source=webapp" opinion_id="1101464">212 So.2d 921. It is impossible for this court to determine whether the trial court abused its discretion because of the absence of a transcript of testimony upon which the trial court findings were based. Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So. 2d 895" court="Fla. Dist. Ct. App." date_filed="1971-09-01" href="https://app.midpage.ai/document/royal-flair-inc-v-cape-coral-bank-1100306?utm_source=webapp" opinion_id="1100306">251 So.2d 895.1 Accordingly, by reason of the foregoing the final judgment of adoption is affirmed.

Affirmed.

CROSS, MAGER and DOWNEY, JJ., concur.

. Additionally, the trial court’s order of December 12, 1974, containing certain detailed findings has not been included in the record on appeal.

© 2024 Midpage AI does not provide legal advice. By using midpage, you consent to our Terms and Conditions.