AMIR RODRIGUEZ ROBLES
v.
LEIDY CASTELLANOS

Fla. 5th DCA | 2021-09-24
No. 21-0929
Collins, J., Evander, J., Traver, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

An appellant cannot challenge the evidentiary support for a trial court's judgment without providing a transcript of proceedings or an approved statement of evidence as required by Florida Rule of Appellate Procedure 9.200(b)(5).


Headnotes

[1] An appellant must provide a transcript of trial proceedings or a statement of evidence approved by the trial court pursuant to Florida Rule of Appellate Procedure 9.200(b…

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Key Quotes

“Without a record of the trial proceedings, the appellate court cannot 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 explaining why it could not address whether the trial court's order was without evidentiary support

Facts & Procedural History

Amir Rodriguez Robles appealed a final judgment of protection against stalking entered by the trial court. She failed to provide either a transcript o…

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Opinion of the Court
Wozniak

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Case No. 5D21-929 AMIR RODRIGUEZ ROBLES, Appellant, v. LEIDY CASTELLANOS, Appellee. _______________________________/ Opinion filed September 24, 2021 Appeal from the Circuit Court for Orange County, Christy Collins, Judge. Julio E. Gil De Lamadrid, Bayamon, Puerto Rico, for Appellant. No Appearance for Appellee.

PER CURIAM.

Amir Rodriguez Robles appeals a final judgment of protection against stalking entered against her. Because she failed, after given an opportunity to do so, to provide us with either a transcript of the proceedings below or a statement of evidence approved by the trial court in accordance with Florida

2 Rule of Appellate Procedure 9.200(b)(5), we are precluded from addressing whether the trial court's order was without evidentiary support. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) ("Without a record of the trial proceedings, the appellate court cannot 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.").

AFFIRMED.

EVANDER, TRAVER and WOZNIAK, JJ., concur.


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