JONATHAN WOLDENSE
v.
ERNICA FERDINAND

Fla. 3d DCA | 2025-04-09
No. 2024-1341
Logue, C.J., Fernandez, J., Lobree, J., Espinosa, J.
2025 FL 3049 Florida District Court of Appeal, Third District (2025)

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Holding

An injunction for protection against domestic violence is reviewed for abuse of discretion, and without a complete record of trial proceedings, the appellate court cannot conclude the trial court's judgment is unsupported by evidence.


Headnotes

[1] An injunction for protection against domestic violence is reviewed on appeal under the abuse of discretion standard.

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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.”

Court explaining why it could not overturn the trial court's decision due to incomplete appellate record

Facts & Procedural History

Jonathan Woldense appealed a circuit court decision in Miami-Dade County granting an injunction for protection against domestic violence in favor of E…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed April 9, 2025. Not final until disposition of timely filed motion for rehearing.

No. 3D24-1341 Lower Tribunal No. 24-6395-FC-04

Jonathan Woldense, Appellant, vs. Ernica Ferdinand, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Elisabeth Espinosa, Judge.

Jonathan Woldense, in proper person. Ernica Ferdinand, in proper person.

Before LOGUE, C.J., and FERNANDEZ and LOBREE, JJ.

PER CURIAM.

Affirmed. See Thomas v. Li, 391 So. 3d 453, 456 (Fla. 4th DCA 2024) (stating that the standard of review on appeal of an injunction for protection against domestic violence is abuse of discretion); 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.”).

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