GINGELL
v.
PANICHELLI

Fla. 2d DCA | 2026-05-27
No. 2025-2266
Nathe, J., LaRose, J., LaBrit, J., Guard, J.
2026 FL 6228 Florida District Court of Appeal, Second District (2026)

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Holding

An appellant cannot obtain reversal of a trial court judgment without providing a complete record of the trial proceedings that demonstrates the judgment is unsupported by evidence or that the trial court misapplied the law.


Headnotes

[1] An appellant's failure to provide a complete record of trial proceedings precludes appellate review of whether the trial court's judgment is supported by the evidence or…

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Key Quotes

“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.”

The court cited Applegate v. Barnett Bank of Tallahassee to explain why an inadequate appellate record requires affirmance.

Facts & Procedural History

Jennifer Gingell appealed a judgment from Pasco County Court against Michelle Panichelli. The appellant did not provide a complete record of the trial…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

JENNIFER GINGELL, Appellant,

v.

MICHELLE PANICHELLI, Appellee.

No. 2D2025-2266

May 27, 2026

Appeal from the County Court for Pasco County; Knute J. Nathe, Judge.

Jennifer Gingell, pro se.

No appearance for Appellee.

PER CURIAM.

Affirmed. 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. The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.").

LaROSE, LABRIT, and GUARD, JJ., Concur.

Opinion subject to revision prior to official publication. 2


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