An appellant bears the burden of presenting an appellate record that demonstrates error in the trial court's ruling.
After a passenger was injured in an intersectional automobile accident, the trial court entered a partial summary judgment on the issue of liability in favor of the plaintiff. The defendant and his insurance company appeal, arguing that genuine issues of material fact exist regarding the defendant's negligence and proximate causation. Although the appellants challenge the summary judgment, the appellate court finds that the record is insufficient to determine whether the trial court erred. Because the record contains only incomplete deposition portions and a single interrogatory answer, the court cannot review the merits of the underlying dispute and affirms the judgment.
At page 45 Review of record insufficient for proper appellate disposition1 citing case308 So.2d 45 (1975) Jesus FERNANDEZ and Allstate Insurance Company, an Illinois Corporation, Appellants, v. Francisco AROCHA, Appellee. No. 74-1292. District…
- Sherrie Clements v. Club Space Mgmt., LLC, 388 So. 3d 923 (Fla. 3d DCA 2024).publishedSee, e.g., Fernandez v. Arocha, 308 So. 2d 45, 45 (Fla. 3d DCA 1975).
Other citing cases
- Vining v. Smith, 343 So. 2d 871 (Fla. 3d DCA 1977).published
- Jason-Fortier, Inc. v. Mfrs. Assocs. of Florida, Inc., 330 So. 2d 851 (Fla. 3d DCA 1976).published
- Egidi Indus. Park Corp. v. Wide Open Spaces, Inc., 335 So. 2d 870 (Fla. 3d DCA 1976).published
- Watson v. Khachab, 334 So. 2d 78 (Fla. 3d DCA 1976).published
- Ingham v. Price, 332 So. 2d 646 (Fla. 3d DCA 1976).published
v.
Francisco AROCHA, Appellee.
Talburt, Kubicki & Bradley and L. Kenneth Barnett, Miami, for appellants.
Michael A. Lipsky and Albert L. Wilensky, Miami, for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
PER CURIAM.
This is an interlocutory appeal from a partial summary judgment on the question of liability entered by the trial court in favor of the plaintiff.
This litigation evolves from an intersectional automobile accident in which the plaintiff, a passenger in the defendant's car, was injured.
The defendant and his insurance company contend on appeal that summary judgment was improper because a genuine issue of material fact prevailed as to whether or not the defendant was negligent and whether his negligence proximately caused the accident.
However, review of the record on appeal does not make possible a proper disposition of this case, based upon the record which the trial court considered.
The record contains only portions of the plaintiff's and the defendant's depositions which the trial judge considered in full. Moreover, the record contains only one interrogatory, number 89, answered by the plaintiff.
Of course, this court presumes that the action taken by the trial court was correct. It is the appellant's burden to present an appellate record which demonstrates otherwise. E.g., Curtiss-Wright[*46] Corporation v. King, Fla.App. 1968, 207 So.2d 294; Pierson v. Sharp, Fla.App. 1973, 283 So.2d 880.
The record in this case makes it impossible for this court to conclude that the trial court erred. Accordingly, the judgment appealed is affirmed.
Affirmed.