RUBEN ECHEVERRY, APPELLANT,
v.
CHRISTIANA TRUST, ETC., APPELLEE
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The appellant seeks review of the trial court’s Second Amended Final Judgment in favor of the appellee and raises issues involving evidentiary and factual disputes. However, there is no transcript of the proceedings. As such, we must affirm. 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.”); Shojaie v. Gables Court Prof'l Ctr., Inc., 974 So.2d 1140, 1142 (Fla. 3d DCA 2008) (noting that without a transcript of the trial proceedings, “we are unable to evaluate the evidence and testimony presented at trial to ascertain whether or not the trial court’s findings and reasoning ... were well-founded”); Gleim v. Gleim, 176 So.2d 610, 611 (Fla. 3d DCA 1965) (“It is the responsibility and duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned ....”).
Affirmed.
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Citator
Cited By
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Rodriguez v. State, 248 So. 3d 1085 (Fla. 2018)…ction of evidence ... unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice."). Affirmed. Rodriguez v. State , 215 So. 3d 194, 195 (Fla. 3d DCA 2017). Because there are insufficient facts and analysis in the Third District's decision, I would decline to exercise jurisdiction in this case. Therefore, I respectfully dissent. CANADY, C.J., and LAWSON, J., concur.…1 / 2
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Shohrie Shojaie v. Gables Court Prof'l Ctr., Inc., 974 So. 2d 1140 (Fla. 3d DCA 2008)
- Carpenter v. State, 176 So. 2d 610 (Fla. 3d DCA 1965)
- Gleim v. Gleim, 176 So. 2d 610 (Fla. 3d DCA 1965)