GARTH OMARI SHAW
v.
SARA J. PEREZ-SHAW
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An appellate court cannot reverse a trial court's judgment without a record of the trial proceedings to establish the factual context and determine whether the judgment is supported by evidence or whether the trial judge misconceived the law.
[1] An appellate court cannot properly review a trial court's judgment or determine whether it is supported by evidence without a complete record of the trial proceedings est…
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Join FLexlaw to unlock all legal intelligence“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.”
Court's rationale for affirming, citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Garth Omari Shaw appealed a non-final order from the Circuit Court for Miami-Dade County in a family law case. The appeal involved a dispute between S…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal State of Florida
Opinion filed September 3, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2082 Lower Tribunal No. 21-3247-FC-04 ________________
Garth Omari Shaw, Appellant,
vs.
Sara J. Perez-Shaw, Appellee.
An Appeal from a non-final order the Circuit Court for Miami-Dade County, Veronica Diaz, Judge.
Calisha A. Francis, for appellant.
Abramowitz and Associates and Evan L. Abramowitz, for appellee.
Before FERNANDEZ, LINDSEY, and GOODEN, JJ.
PER CURIAM.
2
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.”).