MICHAEL A. ETIENNE, JR.
v.
MARY ESTIME IRVIN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An appellant must provide a complete record of trial proceedings to enable appellate review of whether the trial court's judgment is supported by the evidence.
[1] An appellant bears the burden of providing a complete record of trial proceedings to enable appellate review and to overcome the presumption of correctness afforded to tr…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error ....... 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's rationale for affirming, citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Michael A. Etienne, Jr. appealed a judgment entered by the Circuit Court for Miami-Dade County. The appellant proceeded pro se and did not provide a c…
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 January 21, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-0008 Lower Tribunal No. 20-7239-CA-01
Michael A. Etienne Jr., Appellant, vs. Mary Estime Irvin, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge.
Michael A. Etienne, Jr., in proper person.
Keystone Law Firm, P.A., and Eliezer S. Poupko and Frank Wolland, for appellee.
Before SCALES, C.J., and FERNANDEZ and LOBREE, JJ.
PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d
1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error ....... 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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