CHRISTOPHER OMAR MARSHALL
v.
KEISHA BESWICK MARSHALL

Fla. 3d DCA | 2026-02-18
No. 2023-0885
2026 FL 1697 Florida District Court of Appeal, Third District (2026)

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Holding

An appellate court cannot review a trial court's factual findings when the appellant fails to provide a trial transcript.


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.”

Citation to Applegate v. Barnett Bank of Tallahassee, explaining the necessity of a trial record for appellate review of facts

Facts & Procedural History

Christopher Omar Marshall appealed a trial court decision in a case against Keisha Beswick Marshall. Marshall challenged multiple factual findings mad…

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Opinion of the Court

PER CURIAM. Affirmed. See Howle v. Howle, 967 So. 2d 435, 436 (Fla. 4th DCA

2007) (“Husband's remaining argument, which challenges a number of the trial court's factual findings, is unreviewable by this court due to the lack of a trial transcript."); see also 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.”).


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