HomeMy WebLinkAbout1864 IN THE CIR• :T COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, FLORIDA
. CASE NO. 74-666
REGAL WARE, INC. ,
Appellant, _
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MIKE GOLDSTEIN,
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Appellee. ~
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OPINION O~i APPEAL
APPELLANT argues that the trial court erred in setting
the trial before the Defendant filed any written defenses. This
contention is without merit. Rule 7.090(b) Rules of Summary
Procedure, effective February l, 1973, provide that unless
required by order of Court, written defensive pleadings are not
necessary. The Summary Procedure Rules are applicable to all
actions at law of a civil nature in the County Courts in which
the demand or value of property involved does not exceed
$1500.00. The demand in this case was for $937.30.
The Appellant's other points on appeal relate to matters
which are not established by the record on appeal. Appellant
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' has failed to provide this court with a transcript of the proceed-
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i ings before the trial court below. The burden is upon the
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~ Appellant to establish the existence of error in the record on
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~ appeal. The Trial Court's Judgment has a presumption of correctness
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~ and where, as in this case, Appellant has failed to establish in
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~ the record on appeal any error, this Court has no alternative but
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~ to affirm.
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The Fi~al Jtidgment for Defendant entered by the Trial
~ Judge on May 20, 1974, is affirmed and Appellant's appeal is
'a
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f dismissed.
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~ . Dated this 21st day of Februa , 1975
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CIRCUIT JUDGE
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~ Copies furnished to:
~ Carroll Dunscombe, Esq., Attorney for Appellant
~ Mike Goldstein, Appellee O-p /e~
~ Honorable William G. Tye ,3~j~D~ a ~
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