E.H. Development v. Kelly Tractor

Full title: E.H. DEVELOPMENT, INC., EDILBERTO HERNANDEZ AND OLGA HERNANDEZ…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 28, 1987

501 So. 2d 1301 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-0985.

November 26, 1986. On motion for clarification January 28, 1987.

Appeal from the Circuit Court, Palm Beach County, Walter N. Colbath, Jr., J.

Jose M. Sosa of Law Offices of Jose M. Sosa, West Palm Beach, for appellants.

William H. Benson of Benson, Stalions Moyle, Fort Lauderdale, for appellee.

PER CURIAM.

AFFIRMED.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.

PER CURIAM.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We hereby grant appellants' motion for rehearing and treat it as a motion for clarification.

Appellants have been unable to furnish this court with a transcript of the evidence presented at the final hearing or a reconstructed statement thereof pursuant to Florida Rule of Appellate Procedure 9.200(b)(3) which is essential to a proper appellate consideration of the final judgment. Accordingly, we are compelled to affirm the final judgment. Gardner v. Gardner, 501 So.2d 1300 (Fla. 4th DCA 1986).

GLICKSTEIN, DELL and GUNTHER, JJ., concur.