KEVIN O. PORTER AND LORNA PORTER
v.
U.S. BANK NATIONAL ASSOCIATION
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The appeal was affirmed because without a complete record of the trial proceedings, the appellate court cannot properly evaluate whether the trial court's judgment was supported by the evidence or whether the trial judge misapplied the law.
[1] Without a record of trial proceedings, an appellate court cannot properly determine whether a trial court's judgment is supported by the evidence or evaluate alternative…
[2] An appellate court cannot reasonably conclude that a trial judge misconceived the law requiring reversal without knowledge of the factual context established in the trial…
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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.”
Court explaining why it could not review the trial judgment
Kevin O. Porter and Lorna Porter appealed a circuit court judgment entered against them in favor of U.S. Bank National Association, as trustee for a s…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
KEVIN O. PORTER and LORNA PORTER, Appellants,
V.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITZED ASSET BACKED RECEIVABLES LLC TURST 2006-NC2M MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-NC2, Appellee.
No. 4D2025-1622
[April 1, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mark Alan Speiser, Senior Judge; L.T. Case No. CACE18017205.
Kevin O. Porter and Lorna Porter, Miramar, pro se.
Shawn Lee Taylor of DeLuca Law Group, Fort Lauderdale, for appellee.
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.”).
KLINGENSMITH, SHAW and LOTT, JJ., concur. * * *
Not final until disposition of timely-filed motion for rehearing.