ALL AMERICAN SOUP AND SALAD, INC., ETC., APPELLANT,
v.
COLONIAL PROMENADE, ETC., APPELLEE
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Appellate court affirmed judgment for landlord because tenant failed to provide a complete trial transcript, preventing meaningful appellate review.
An appellant who fails to provide a complete transcript of trial proceedings cannot meet its burden of establishing reversible error and the trial court's judgment is affirmed.
[1] An appellant's failure to provide a complete transcript of trial proceedings prevents appellate review and results in affirmance of the trial court judgment under the pre…
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Join FLexlaw to unlock all legal intelligence“it is the duty of the appellant to bring before the appellate court a record which is adequate to support his or her appeal”
Citing Applegate v. Barnett Bank of Tallahassee for the principle that appellants must provide adequate records for review.
Tenant defaulted under a commercial lease agreement with Landlord, and the trial court awarded Landlord $500,000 in damages.…
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THOMPSON, Judge.
All American Soup and Salad, Inc. (“Tenant”), the defendant below, appeals the trial court’s final judgment awarding Colonial Promenade (“Landlord”), the plaintiff below, damages in the total sum of $500,000.00 for the Tenant’s default under the parties’ commercial lease agreement.
We affirm the trial court’s final judgment because the Tenant has not provided a complete transcript of the non-jury trial proceedings and, thus, has failed to bring a proper record for this court’s review. Since the Tenant has failed to meet its responsibility to ensure that a record adequate to permit resolution of the issues raised on appeal be prepared and transmitted to the appellate court, the Tenant fails to meet its burden of establishing reversible error to overcome the presumption of correctness afforded to the trial court’s decision. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979) (it is the duty of the appellant to bring before the appellate court a record which is adequate to support his or her appeal); Pertz v. Zohar, 556 So. 2d 459 (Fla. 2d DCA 1990) (absent an appropriate record for review by appellate court, appellant must demonstrate that trial court order is fundamentally erroneous); accord Mills v. Heenan, 382 So. 2d 1317, 1318 (Fla. 5th DCA 1980). The Tenant’s contention that its written closing argument is a “proper substitute” for a transcript of the trial court proceedings is without merit.
AFFIRMED.
HARRIS, C.J., and DAUKSCH, J., concur.
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Lasco Enters., Inc. v. Kohlbrand, 819 So. 2d 821 (Fla. 5th DCA 2002)…160, 1152 (Fla.1979). Lasco has failed to sustain its burden of proving error on this issue due to the fact that it failed to provide this court with a complete copy of the trial transcript. See All American Soup & Salad, Inc. v. Colonial Promenade, 652 So. 2d 911 (Fla. 5th DCA 1995)(holding that, by failing to provide complete transcript, appellant failed to meet burden of establishing reversible error to overcome presumption of correctness afforded to trial court’s decision). Lasco maintains that, even wit…
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Colby Materials, Inc. v. Caldwell Constr., Inc., 868 So. 2d 584 (Fla. 5th DCA 2004)…nt of the evidence or proceeding pursuant to rule 9.200(b)(4) of the Florida Rules of Appellate Procedure. As a result, Colby Materials has failed to sustain its burden of proving any error. See All American Soup & Salad, Inc. v. Colonial Promenade, 652 So. 2d 911 (Fla. 5th DCA 1995)(holding that, by failing to provide complete transcript, appellant failed to meet burden of establishing reversible error to overcome presumption of correctness afforded to trial court’s decision); see also National Enterprises,…
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Castellano v. Winthrop, 27 So. 3d 134 (Fla. 5th DCA 2010)…nscript is generally fatal because, in absence of transcript, appellate court is unable to evaluate allegations that error exists in trial court’s findings but instead must presume such findings are correct); All American Soup v. Colonial Promenade, 652 So. 2d 911 (Fla. 5th DCA 1995) (appellant was not able to establish reversible error where he failed to bring complete transcript of non-jury trial proceedings to court for review). . The attorney may also be required to advise his client to consult a crimina…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Mills v. Heenan, 382 So. 2d 1317 (Fla. 5th DCA 1980)
- Pertz v. Zohar, 556 So. 2d 459 (Fla. 2d DCA 1990)