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: Alabama Appellate WatchIn absence of evidence in record, trial court's judgment is presumed to be supported by the evidence
In Prescott v. Prescott, [Ms. 2070638] (Ala. Civ. App. Oct. 10, 2008), the Court of Civil Appeals affirmed the trial court's judgment on a child custody modification issue. The mother appeal, but, the record did not contain a transcript, a statement of the evidence under Ala. R. App. P. 10(d), or an agreed statement of the case under Ala. R. App. P. 10(e). "In the absence of a transcript of the evidence or an authorized substitute therfor, it is conclusively presumed that the trial court's judgment is supported by the evidence." Slip Op. pp. 4-5. Thus, the judgment was presumed to be supported by the evidence and was affirmed.
Full post as published by Alabama Appellate Watch on October 16, 2008 (boomark / email).
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