E&J SHOE WHOLESALE, INC., ET AL.
v.
ANAISE INOCENT
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E&J Shoe Wholesale appealed a lower court judgment, but the appellate court affirmed because the appellants failed to provide an adequate record of trial proceedings, making it impossible to review the underlying factual issues or alleged legal errors.
The trial court's judgment must be affirmed when the appellant fails to provide a record of trial proceedings, including witness testimony and evidentiary rulings, because without such a record, the appellate court cannot properly resolve factual issues or evaluate whether the trial court misapplied the law.
[1] An appellate court must affirm a trial court's judgment when no transcript of the fee hearing is provided and the judgment is not fundamentally erroneous on its face.
[2] Without a record of trial proceedings, an appellate court cannot properly resolve factual issues to conclude that the trial court's judgment is not supported by the evide…
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Join FLexlaw to unlock all legal intelligence“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 requirement that a complete trial record is necessary for meaningful appellate review of factual disputes.
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Join FLexlaw to unlock all legal intelligenceThe opinion does not detail the underlying facts of the case. The court's focus is entirely on the procedural deficiency of an inadequate appellate re…
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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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.
The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.”); Zarate v. Deutsche Bank Nat'l Tr. Co. as Tr., 81 So. 3d 556, 558 (Fla. 3d DCA 2012) (“Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed.").