MYRET
v.
GROUP LX
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When an appellant challenges the amount of attorney's fees awarded but fails to provide a transcript of the fee hearing, the appellate court must affirm the trial court's judgment unless it is fundamentally erroneous on its face.
[1] An appellate court must affirm a trial court's judgment when no transcript of the hearing addressing the amount of attorney's fees is provided and the judgment is not fun…
[2] Without a record of trial proceedings, an appellate court cannot properly resolve underlying factual issues to conclude that a trial court's judgment is not supported by…
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Join FLexlaw to unlock all legal intelligence“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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.”
Court's explanation of the fundamental principle requiring a complete record for appellate review of factual determinations
Myret appealed a final judgment awarding attorney's fees to Group LX and the trial court's determination of the fee amount. Myret did not provide a tr…
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ROTHENBERG, C.J.
Myret, LLC (“Myret”) appeals a final judgment and the trial court’s prior orders determining that Group LX, Inc. (“Group LX”) is entitled to its attorney’s fees and setting the amount of fees. In its appeal, Myret disputes the amount of the fees awarded. However, where, as here, no transcript of the hearing where the amount of the fees was addressed has been provided, and the judgment is not fundamentally erroneous on its face, we must affirm. See Applegate v. Barnett
Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979):
When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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.
See also Smith v. Orhama Inc., 907 So. 2d 594, 596 (Fla. 3d DCA 2005) (holding that without the ability to see what the trial court actually found in reference to the evidence presented below, it is not possible to reverse unless there is fundamental error on the face of the trial court’s order); Ahmed v. Travelers Indem. Co., 516
So. 2d 40, 40 (Fla. 3d DCA 1987) (“Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed.”).
Affirmed.
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Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Nuzhat Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987)
- Smith v. Orhama Inc., 907 So. 2d 594 (Fla. 3d DCA 2005)