BOBBY B. ROSE AND MAUDEANNA ROSE, APPELLANTS,
v.
JAMES CLEMENTS, INDIVIDUALLY, AND FLORIDA FAMILY INSURANCE COMPANY, APPELLEES
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Appellants Rose challenged a trial court's grant of summary judgment in favor of Florida Family Insurance Company. The appellate court affirmed the lower court's order because the appellants failed to provide a transcript of the summary judgment hearing, preventing meaningful appellate review.
The appellate court affirmed the trial court's summary judgment order because the absence of a hearing transcript prevented meaningful appellate review of the factual and legal basis for the decision, and appellants bore the risk of not providing an adequate record.
[1] A basis for reversal of a summary judgment must be preserved by raising the issue in the trial court.
[2] Appellate courts cannot review the factual or legal basis for a trial court's decision when the record on appeal is insufficient.
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Join FLexlaw to unlock all legal intelligence“Any basis for reversal of summary judgment must be preserved by raising the issue in the trial court.”
Establishes the procedural requirement that appellants must have argued against the summary judgment motion at the trial level.
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Join FLexlaw to unlock all legal intelligenceThe trial court granted Florida Family Insurance Company's motion for summary judgment and dismissed the company from the underlying case. Appellants …
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PER CURIAM.
Appellants challenge the trial court’s final order entered after granting Florida Family Insurance Company’s motion for summary judgment and dismissing Florida Family Insurance Company from the underlying case. Any basis for reversal of summary judgment must be preserved by raising the issue in the trial court. Cassady v. Moore, 737 So. 2d 1174, 1178 (Fla. 1st DCA 1999); Yzaguirre v. Progressive Am. Ins. Co., 793 So. 2d 99, n. 1 (Fla. 2d DCA 2001).
After discovering that the record on appeal did not contain a transcript of the summary judgment hearing, this court issued an order directing Appellants to supplement the record pursuant to Florida Rule of Appellate Procedure 9.200(f)(2) with this information. Appellants did not file a transcript or a reconstructed record in response to this order. Due to the insufficient record, this court is unable to determine on what basis, if any, Appellants argued against the motion for summary judgment because the hearing on this motion was not recorded.
Thus, this court is unable to review the factual or legal basis for the trial court’s decision. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Klette v. Klette, 785 So. 2d 562 (Fla. 1st DCA 2001); Rollins v. Rollins, 783 So. 2d 1114, 1115 (Fla. 1st DCA 2001); M.J. v. A.B., 694 So. 2d 888 (Fla. 2d DCA 1997). “Litigants who proceed ... without a court reporter take a calculated risk. If the facts are determined adversely they may well be unable to demonstrate error on appeal due to the absence of a record.” Starks v. Starks, 423 So. 2d 452, 454 (Fla. 1st DCA 1982).
Accordingly, we AFFIRM the trial court’s order on appeal.
BROWNING, C.J., BARFIELD, and DAVIS, JJ., concur.
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Johnson v. Deutsche Bank Tr. Co., 248 So. 3d 1205 (Fla. 2d DCA 2018)…, 567 (Fla. 5th DCA 2017) (addressing the sufficiency of a complaint and summary judgment evidence to establish foreclosure and noting "Black Point's additional objections to the summary judgment were not preserved for appeal"); Rose v. Clements, 973 So. 2d 529, 530 (Fla. 1st DCA 2007) ("Any basis for reversal of summary judgment must be preserved by raising the issue in the trial court."). All of which is to say, the de novo review that we employ for summary judgment rulings is not a gateway to reach…
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Gayla Carter Estes v. Sassano, 47 So. 3d 383 (Fla. 1st DCA 2010)…008 or the hearing on the motion seeking dismissal as a sanction on October 1, 2008. Because Estes has failed to provide an adequate record “this court is unable to review the factual or legal basis for the trial court’s decision.” Rose v. Clements, 973 So. 2d 529, 530 (Fla. 1st DCA 2007); see also Klette v. Klette, 785 So. 2d 562, 563 (Fla. 1st DCA 2001). This is particularly true here where the trial court based its decision in part on the testimony Estes gave at the [*386] final hearing and neither a trans…
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Burkett v. Burkett, 155 So. 3d 478 (Fla. 1st DCA 2015)…allahassee, 377 So. 2d 1150, 1152 (Fla.1979). Without a transcript, we cannot know what evidence the court heard beyond the documents that were filed in the record, and we cannot know what issues were preserved for review. See id.; Rose v. Clements, 973 So. 2d 529, 530 (Fla. 1st DCA 2007); Hoffman v. Hoffman, 920 So. 2d 131, 131 (Fla. 1st DCA 2006). AFFIRMED. ROBERTS, RAY, and MAKAR, JJ., concur.…
Previewing 3 of 9 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)
- Starks v. Starks, 423 So. 2d 452 (Fla. 1st DCA 1982)
- Klette v. Klette, 785 So. 2d 562 (Fla. 1st DCA 2001)
- Cassady v. Moore, 737 So. 2d 1174 (Fla. 1st DCA 1999)
- Yzaguirre v. Progressive Am. Ins. Co., Inc., 793 So. 2d 99 (Fla. 2d DCA 2001)
- M.J. v. A.B., 694 So. 2d 888 (Fla. 2d DCA 1997)
- Caldwell v. State, 783 So. 2d 1114 (Fla. 1st DCA 2001)