Lyden v. DePiera

Full title: JOHN A. LYDEN, DOING BUSINESS AS MICKLER LYDEN, APPELLANT, v. LILIA ROJAS…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 3, 1963

147 So. 2d 573 (Fla. Dist. Ct. App. 1963)

Opinion

No. 62-290.

December 18, 1962. Rehearing Denied January 3, 1963.

Appeal from the Civil Court of Record, Dade County, Leland B. Featherstone, J.

Robert M. Brake, Coral Gables, for appellant.

Owen S. Freed and Joseph H. Murphy, Coral Gables, for appellees.

Before HORTON, BARKDULL and HENDRY, JJ.

PER CURIAM.

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

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.

Affirmed.