CAROLINA HUSSING, ET AL.
v.
SEGAL ZUCKERMAN, P.A.

Fla. 3d DCA | 2024-12-04
No. 2024-0023
2024 FL 13624 Florida District Court of Appeal, Third District (2024)

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Synopsis

The Third District Court of Appeal affirmed the lower court's judgment against appellants Carolina Hussing and others in a dispute with Segal Zuckerman, P.A., finding that appellants failed to provide an adequate record for appellate review of the underlying factual issues.


Holding

The appellants' appeal was affirmed because they failed to provide the appellate court with an adequate record sufficient to review the matters assigned on appeal.


Key Quotes

“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”

Establishes the foundational principle that a complete record is necessary for appellate review of factual matters.

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Facts & Procedural History

The opinion does not detail the underlying facts of the case, as it is a per curiam affirmance focused on procedural deficiencies.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”); Shojaie v. Gables Pro. Ctr., 974 So. 2d 1140, 1141 (Fla. 3d DCA 2008) (“’It is the responsibility and duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned.’” (quoting Gleim v. Gleim, 176 So. 2d 610, 611 (Fla. 3d DCA 1965))); see also Portner v. Koppel, 382 So. 3d 742, 747 (Fla. 4th DCA 2024) (holding that an appellate court reviews factual findings of counsel’s authority to settle a case on behalf of a client for substantial, competent evidence).


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