JERRY D. ROBBINS AND LORI H. ROBBINS, APPELLANTS,
v.
DEUTSCHE BANK NATIONAL TRUST, ETC., ET AL., APPELLEES.
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The court affirmed the lower court's judgment, holding that the appellants' lack of a complete trial transcript was fatal to their evidence-based arguments on appeal.
Lack of a complete trial transcript is fatal to appellate arguments based on trial evidence.
[1] Piecemeal or incomplete trial transcripts deprive an appellate court of the ability to review the record as a whole and are fatal to an appeal.
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Join FLexlaw to unlock all legal intelligenceJerry D. Robbins and Lori H. Robbins appealed a decision involving Deutsche Bank National Trust, but failed to provide a complete transcript of the tr…
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AFFIRMED. See Applegate v. Barnett Bank of Tallahassee , 377 So.2d 1150, 1152 (Fla. 1979) (holding that lack of a transcript is fatal to arguments on appeal which are based on the evidence at trial); Taylor v. Bateman , 927 So.2d 1024, 1026 (Fla. 4th DCA 2006) ("The piecemeal transcripts deprived this court of the ability to review the record as a whole. Such record *270omissions are fatal to an appeal."); see also Bank of N.Y. Mellon v. Milford , 206 So.3d 137, 137-38 (Fla. 4th DCA 2016) ("Here, the bank filed a copy of the note indorsed in blank with its complaint. Later at trial, through the testimony of the custodian of records for the loan servicer, the bank entered the original note into evidence. This created an inference that the bank was in possession of the note at the time it filed its complaint. Without any evidence to the contrary, this was sufficient to establish standing." (citing Ortiz v. PNC Bank, Nat' Ass'n , 188 So.3d 923, 925 (Fla. 4th DCA 2016) ) ); Labor Ready Se. Inc. v. Australian Warehouses Condo. Ass'n , 962 So.2d 1053, 1055-56 (Fla. 4th DCA 2007) ("[R]eversal is not required in every case where there has not been strict compliance with rule 1.440. Rather, depending upon the circumstances, the mandatory provision of the rule may be waived." (alteration in original) (citation omitted) ).
PALMER, TORPY AND EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Ortiz v. PNC Bank, 188 So. 3d 923 (Fla. 4th DCA 2016)
- Brown v. State, 927 So. 2d 1024 (Fla. 4th DCA 2006)
- Labor Ready Se. Inc. v. The Australian Warehouses Condo. Ass'n, 962 So. 2d 1053 (Fla. 4th DCA 2007)
- The Bank OF NEW York Mellon v. Milford, 206 So. 3d 137 (Fla. 4th DCA 2016)
- Robbins v. Deutsche Bank (Fla. 5th DCA 2018)