Se. Bank v. Steves, 552 So. 2d 292 (Fla. 2d DCA 1989). · Go Syfert
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Se. Bank v. Steves, 552 So. 2d 292 (Fla. 2d DCA 1989). Cases Citing This Book View Copy Cite
20 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Nguyen, Nguyen v. Williams (fladistctapp, 2026-02-27)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) Nguyen, Nguyen v. Williams
Fla. Dist. Ct. App. · 2026 · confidence medium
Bank, N.A. v. David A. Steves, P.A., 552 So. 2d 292, 293 (Fla. 2d DCA 1989) (explaining that on appeal, the decision of a trial court is presumed correct and the burden is on the appellant to demonstrate error).
cited Cited as authority (rule) WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ
Fla. Dist. Ct. App. · 2024 · confidence medium
In support of this conclusion, the court cited Southeast Bank, N.A. v. David A. Steves, P.A., 552 So. 2d 292, 293 (Fla. 2d DCA 1989).
discussed Cited as authority (rule) JADE EVA MERRIMAN vs BRAIAN URIEL ADLER
Fla. Dist. Ct. App. · 2022 · confidence medium
As support for this conclusion, the First District cited Southeast Bank, N.A. v. David A. Steves, P.A., 552 So. 2d 292, 293 (Fla. 2d DCA 1989), in which this court quoted from In re Guardianship of Read, 555 So. 2d 869, 871 (Fla. 2d DCA 1989), as follows: “‘Where there is no record of the testimony of witnesses or of evidentiary rulings and where a statement of the record has not been prepared, a judgment which is not fundamentally erroneous on its face must be affirmed.’” However, neither Guardianship of Read nor Southeast Bank defines the term “fundamentally erroneous on its face.�…
discussed Cited as authority (rule) Harris v. McKinney (2×)
Fla. Dist. Ct. App. · 2009 · confidence medium
As support for this conclusion, the First District cited Southeast Bank, N.A. v. David A. Steves, P.A., 552 So.2d 292, 293 (Fla. 2d DCA 1989), in which this court quoted from In re Guardianship of Read, 555 So.2d 869, 871 (Fla. 2d DCA 1989), as follows: "`Where there is no record of the testimony of witnesses or of evidentiary rulings and where a statement of the record has not been prepared, a judgment which is not fundamentally erroneous on its face must be affirmed.'" However, neither Guardianship of Read nor Southeast Bank defines the term "fundamentally erroneous on its face." The Giltex …
discussed Cited as authority (rule) Schmitt v. Maile
Fla. Dist. Ct. App. · 2006 · confidence medium
Not only was the conversation unrecorded, but the Mother did not furnish this court with a stipulated statement of facts as a substitute for a recording pursuant to Florida Rule of Appellate Procedure 9.200(b)(4). [1] See Southeast Bank, N.A. v. David A. Steves, P.A., 552 So.2d 292, 293 (Fla. 2d DCA 1989) (concluding that "[w]here there is no record of the testimony of witnesses or of evidentiary rulings and where a statement of the record has not been prepared, a judgment which is not fundamentally erroneous on its face must be affirmed").
discussed Cited as authority (rule) Sun Bank and Trust Co. v. Jones
Fla. Dist. Ct. App. · 1994 · confidence medium
See also Moore v. Moore, 577 So.2d 1359, 1360 (Fla. 2d DCA 1991) (probate court's order was final where order determined that court had no jurisdiction to require personal representative of estate to perform accounting or return assets to probate estate); Southeast Bank, N.A. v. David A. Steves, P.A., 552 So.2d 292, 293 (Fla. 2d DCA 1989) (order awarding attorney's fees was final under rule 5.100); Ricciardelli v. Faske, 505 So.2d 487, 487 (Fla. 3d DCA) (orders, which denied motions filed by estate creditors to extend time within which to file their respective written notices of independent ac…
cited Cited as authority (rule) Fla. Psc v. Pruitt, Humphress
Fla. Dist. Ct. App. · 1991 · confidence medium
Southeast Bank, N.A. v. Steves, 552 So.2d 292, 293 (Fla. 2d DCA 1989).
cited Cited as authority (rule) Giltex Corp. v. Diehl
Fla. Dist. Ct. App. · 1991 · confidence medium
Southeast Bank, N.A. v. *736 David A. Steves, P.A., 552 So.2d 292, 293 (Fla. 2d DCA 1989).
cited Cited "see" Krause v. Krause
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Southeast Bank, N.A. v. David A. Steves, P.A., 552 So.2d 292 (Fla. 2d DCA 1989).
cited Cited "see" Chaiken v. Suchman
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Southeast Bank, N.A. v. David A. Steves, P.A., 552 So.2d 292, 293 (Fla. 2d DCA 1989); Ahmed v. Travelers Indem.
cited Cited "see" Benham v. Boyd
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Southeast Bank, N.A. v. Steves, 552 So.2d 292 (Fla. 2d DCA 1989).
SOUTHEAST BANK, N.A., As Personal Representative of the Estate of Jeanne P. Bissmeyer, Deceased, Roger J. Bissmeyer, Individually and As Guardian of James A. Bissmeyer, Claire B. Tiberio, and Carol B. Graham, Appellants,
v.
DAVID A. STEVES, P.A., a Florida Professional Corporation, Dinsmore & Shohl, an Ohio Professional Corporation, and Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson and Casey, a Professional Corporation, Appellees.
89-00210.
District Court of Appeal of Florida, Second District.
Nov 15, 1989.
552 So. 2d 292
Parker.
Cited by 15 opinions  |  Published

Eugene O. George of Burket, Smith, Bowman & George, Sarasota, for appellant, Southeast Bank, N.A.

[*293] Barry F. Spivey of Dart, Ford, Strelec & Spivey, P.A., Sarasota, for appellants, Roger J. Bissmeyer, Claire B. Tiberio and Carol B. Graham.

David A. Steves of Bennett & Steves, Sarasota, pro se.

Nancy A. Lawson of Dinsmore & Shohl, Cincinnati, Ohio, for appellee, Dinsmore & Shohl.

PARKER, Judge.

Southeast Bank, N.A., as personal representative of the estate of Jeanne P. Bissmeyer, decedent, and Roger Bissmeyer, individually, and as guardian of three children of the decedent, appeal from a final order awarding attorneys' fees to the appellees pursuant to Florida Probate Rule 5.100.

Because this court was not furnished with a transcript of the hearing which generated the order being challenged in this appeal, appellants have failed to demonstrate a basis for reversal in the record, and we must affirm therefor. As this court recently stated in In re Guardianship of Georgina H. Read No. 89-00174 (Fla. 2d DCA Oct. 27, 1989) [14 F.L.W. 2518]:

In appellate proceedings, the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. Applegate v. Barnett Bank, 377 So.2d 1150 (Fla. 1979). Mr. Read did not meet this burden. The hearing was not reported by a court reporter, and the appellant did not attempt to furnish us with a stipulated statement of facts as a permissible substitute for a transcript of the evidence. Fla.R.App.P. 9.200(b)(4). Where there is no record of the testimony of witnesses or of evidentiary rulings and where a statement of the record has not been prepared, a judgment which is not fundamentally erroneous on its face must be affirmed. [Citations deleted.]

Slip op. at p. 4.

While Florida Rule of Appellate Procedure 9.200(f)(2) does provide that "[i]f the court finds the record is incomplete, it shall direct a party to supply the omitted parts of the record," that rule is inapplicable under the circumstances of this case where there is a complete lack of a transcript of the record below or of a statement of the proceedings pursuant to Florida Rule of Appellate Procedure 9.200(b)(3). See Carter v. Carter, 504 So.2d 418 (Fla. 5th DCA 1987).

Affirmed.

SCHEB, A.C.J., and RYDER, J., concur.