PAOLO MARTIN LABO RUESTA
v.
THOMAS R. DIAZ, ET AL.
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An appellate court cannot reverse a trial court's judgment without a record of the trial proceedings to evaluate whether the judgment is supported by evidence or whether the trial court misapplied the law.
[1] An appellate court cannot reverse a trial court judgment without a record of the trial proceedings, as such a record is necessary to determine whether the judgment is sup…
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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 based on lack of trial record
Paolo Martin Labo Ruesta appealed a judgment from the Circuit Court for the Seventeenth Judicial Circuit in Broward County. The appellant proceeded pr…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
PAOLO MARTIN LABO RUESTA, Appellant,
v.
THOMAS R. DIAZ, KERRI DIAZ, and SURAPANAENE RAMU, Appellees.
No. 4D2024-1831
[October 22, 2025]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE22- 008800.
Paolo Martin Labo Ruesta, Coral Springs, pro se.
Kevin D. Franz and Drew W. Peeler of Boyd & Jenerette, P.A., Boca Raton, for appellees.
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.”).
GROSS, GERBER, JJ., and SHULLMAN, SARAH L., Associate Judge, concur.
* * *
Not final until disposition of timely-filed motion for rehearing.