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Bk. of Virginia v. Estate of Ingraham

District Court of Appeal of Florida, Second District
Aug 1, 1990
564 So. 2d 627 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-02676.

August 1, 1990.

Appeal from the Circuit Court for Hillsborough County; Walter N. Burnside, Jr., Judge.

Don D. Dye of The Dye Law Firm, P.A., Tallahassee, for appellant.

Frank Lester Adams, III, Tampa, for appellee.


Bank of Virginia seeks review of the trial court's order of discharge of personal representative in this action for a claim against the estate. Because this court was not provided with a transcript of the hearing below, the order discharging the personal representative is affirmed.

Appellant has the burden to demonstrate error. Where the hearing below was not reported by a court reporter and the appellant has not furnished the appellate court with a stipulated statement of facts, Florida Rule of Appellate Procedure 9.200(b)(4), a judgment which is not fundamentally erroneous on its face must be affirmed. Southeast Bank, N.A. v. David A. Steves, P.A., 552 So.2d 292 (Fla. 2d DCA 1989). See also Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1980); Hamm v. Ambassador Insurance Co., 456 So.2d 966 (Fla. 5th DCA 1984).

Affirmed.

RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.


Summaries of

Bk. of Virginia v. Estate of Ingraham

District Court of Appeal of Florida, Second District
Aug 1, 1990
564 So. 2d 627 (Fla. Dist. Ct. App. 1990)
Case details for

Bk. of Virginia v. Estate of Ingraham

Case Details

Full title:BANK OF VIRGINIA, N/K/A SIGNET BANK/VIRGINIA, APPELLANT, v. IN RE ESTATE…

Court:District Court of Appeal of Florida, Second District

Date published: Aug 1, 1990

Citations

564 So. 2d 627 (Fla. Dist. Ct. App. 1990)