PIERRE
v.
PHH MORTG. CORP.

Fla. 3d DCA | 2018-09-20
No. 3D18-0003
Cost, Entitled, Grant, Kelly, Marcus, Recover, Redrilling, Watson, Writ
255 So. 3d 488 Florida District Court of Appeal, Third District (2018)

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Holding

A judgment must be affirmed when the appellant fails to provide an adequate transcript on appeal and the judgment is not fundamentally erroneous.


Headnotes

[1] In the absence of an adequate trial transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed.

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Facts & Procedural History

Pierre appealed a judgment in a mortgage case against PHH Mortgage Corp. Pierre did not provide an adequate transcript of the trial proceedings on app…

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Opinion of the Court

PER CURIAM.

Affirmed. See Ramos v. Ventures Tr., 157 So. 3d 455, 456-57 (Fla. 3d DCA 2015) ("In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed."); Emaminejad v. Ocwen Loan Servicing, LLC, 156 So. 3d 534, 536 (Fla. 3d DCA 2015) ("All of the challenges made by the Borrower basically rest on this Court's review of the evidence and arguments made at trial, neither of which can be done in the absence of a transcript. Based upon what is available in the record, and without proof of anything from the trial to the contrary, we affirm").


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