CHADWICK JAMES TROEGER
v.
1621 S DIXIE HWY LLC D/B/A AVIARA EAST POMPANO,

Fla. 4th DCA | 2025-11-19
No. 2025-0665
Gross, J., Shepherd, J., Shaw, J., Cohen, Mardi Levey, J.
2025 FL 10939 Florida District Court of Appeal, Fourth District (2025)

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Holding

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.


Headnotes

[1] An appellate court cannot reverse a trial court judgment on the grounds that it is unsupported by evidence or that the trial court misapplied the law without a record of…

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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. 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 incomplete appellate record

Facts & Procedural History

Chadwick James Troeger appealed a judgment from the County Court for the Seventeenth Judicial Circuit in Broward County against 1621 S. Dixie Hwy LLC …

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Opinion of the Court
Shaw

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

CHADWICK JAMES TROEGER, Appellant,

v.

1621 S. DIXIE HWY LLC, d/b/a AVIARA EAST POMPANO, Appellee.

No. 4D2025-0665

[November 19, 2025]

Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Mardi Levey Cohen, Judge;

L.T.

Case No.

COCE24068325.

Joshua M. Stahley of The Law Offices of Joshua M. Stahley, P.A., Fort Lauderdale, for appellant.

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.”).

GROSS, SHEPHERD and SHAW, JJ., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.


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