ALEJANDRO QUINTAS VAZQUEZ
v.
AILYN M. REBAZA SMITH
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An appellate court cannot reverse a trial court's judgment when the appellant fails to provide a complete record of the proceedings, as the appellate court cannot determine whether the judgment is supported by evidence or whether the trial court misconceived the law.
[1] An appellant's failure to provide a complete record of trial proceedings on appeal precludes appellate review of the trial court's factual findings and legal conclusions,…
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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.”
The court cited Applegate v. Barnett Bank of Tallahassee to explain why it could not review the trial court's decision without an adequate record.
Alejandro Quintas Vazquez appealed a judgment from the Circuit Court for Miami-Dade County in a family law matter. The appellant did not provide a com…
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 December 31, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D25-0460 Lower Tribunal No.17-16028-FC-04
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Alejandro Quintas Vazquez, Appellant,
vs.
Ailyn M. Rebaza Smith, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marcia B. Caballero, Judge.
Alejandro Quintas Vazquez, in proper person.
Ailyn M. Rebaza Smith, in proper person.
Before FERNANDEZ, GORDO and BOKOR, 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.”); Bank of N.Y. Mellon v. Bontoux, 347 So. 3d 105, 108 (Fla. 3d DCA 2022) (“[A] [general magistrate]’s findings of fact and conclusions of law come to the trial court clothed with a presumption of correctness, and the trial court may only reject these findings and conclusions if they are clearly erroneous or if the [general magistrate] has misconceived the legal effect of the evidence presented.” (alteration in original) (quoting De Clements v. De Clements, 662 So. 2d 1276, 1282 (Fla. 3d DCA 1995))); Garnett v. Duvalsaint, 400 So. 3d 682, 683–84 (Fla. 3d DCA 2024) (“Unfortunately, we are unable to properly review the factual or legal basis for the trial court’s decision because the Father has not furnished this court with an adequate record. . . . [T]here is no transcript at all from the hearing on the Father’s motion to vacate.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)
- Malvin Garnett v. Priscille Duvalsaint, 400 So. 3d 682 (Fla. 3d DCA 2024)