LUIS A. CUDEIRO, APPELLANT,
v.
DEPARTMENT OF REVENUE O/B/O JENNIFER FRITZ, APPELLEE

Fla. 3d DCA | 2011-06-29
No. 3D10-3191
Before RAMIREZ, C.J., and GERSTEN and ROTHENBERG, JJ.
99 So. 3d 520 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 10 cases
Topics
Appellate Review Without Transcript Appellate Burden Of Proof Transcript Presumption Of Correctness Of Trial Court Judgment

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Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

The appellant, Luis A. Cudeiro (“Cudei-ro”), appeals the Final Administrative Paternity and Support Order entered by the State of Florida, Division of Administrative Hearings, establishing paternity and setting Cudeiro’s child support obligation. Because Cudeiro presented no evidence and failed to appear for the administrative hearing; and he has not provided this Court with either a transcript of the proceedings or a proper substitute, we affirm. See Taylor Creek Vill. Ass’n v. Houghton, 349 So.2d 1219, 1220 (Fla. 3d DCA 1977) (holding that it is the complaining party’s burden to demonstrate that the trial court’s findings and conclusions are clearly erroneous); see also Starks v. Starks, 423 So.2d 452, 453-54 (Fla. 1st DCA 1982) (finding that without a transcript of the hearing, the appellate court is unable to ascertain whether the lower court erred; noting that “[t]he appellant retains the burden of overcoming the presumption of correctness attributed to a trial court’s final judgment. Appellant’s burden includes a demonstration of error from the record, which he must supply”) (quoting Kauffmann v. Baker, 392 So.2d 13, 15 (Fla. 4th DCA 1980)).

Affirmed.

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  • Albear v. Hillman-Waller, 275 So. 3d 690 (Fla. 3d DCA 2019)
    …idence 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.”); see also Cudeiro v. Dep't of Revenue ex rel. Fritz, 99 So. 3d 520, 520 (Fla. 3d DCA 2011) (explaining Starks v. Starks, 423 So. 2d 452, 453-54 (Fla. 1st DCA 1982) as follows: “without a transcript of the hearing, the appellate court is unable to ascertain whether the lower court erred; noting that ‘[t]he appell…
  • Leon v. Supreme Constr. Corp., 274 So. 3d 422 (Fla. 3d DCA 2019)
    …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.”); Cudeiro v. Dep’t of Revenue ex rel. Fritz, 99 So. 3d 520 (Fla. 3d DCA 2011) (citing Starks v. Starks, 423 So. 2d 452, 453-54 (Fla. 1st DCA 1982) (finding that without a transcript of the hearing, the appellate court is unable to ascertain whether the lower court erred; noting that “[t]he appellant reta…
  • Wells v. Deutsche Bank Nat'l Tr. Co., 275 So. 3d 689 (Fla. 3d DCA 2019)

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