Lydem v. DePiera, No. 62-290

No. 62-290 | Fla. Dist. Ct. App. | Dec 18, 1962

PER CURIAM.

The appellant, plaintiff in the trial court, seeks review of a final judgment rendered in favor of the defendant following a non-jury trial.

Unfortunately, the trial proceedings were not transcribed and the record has not been perfected in accordance with the principles announced in Potash v. Dry & Company, 8 Fla.Supp. 174, which procedure was cited with approval by this court in Moyer v. Moyer, Fla.App.1959, 114 So. 2d 638" court="Fla. Dist. Ct. App." date_filed="1959-09-24" href="https://app.midpage.ai/document/moyer-v-moyer-1101686?utm_source=webapp" opinion_id="1101686">114 So.2d 638.

Therefore, not having the evidence before us that was taken in the trial court, we have no alternative but to affirm the final judgment. See: Hall v. Davis, Fla.App. 1958, 106 So. 2d 599" court="Fla. Dist. Ct. App." date_filed="1958-11-20" href="https://app.midpage.ai/document/hall-v-davis-1735709?utm_source=webapp" opinion_id="1735709">106 So.2d 599.

Affirmed.