MICHAEL A. PEDONE
v.
PALMINA PORTEREIKO
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An appellate court cannot reverse a trial court's judgment without a record of the trial proceedings to determine whether the judgment is supported by the evidence.
[1] An appellate court cannot properly review whether a trial court's judgment is supported by the evidence without a record of the trial proceedings.
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Join FLexlaw to unlock all legal intelligence“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.”
The court cited Applegate v. Barnett Bank of Tallahassee to explain why it could not reverse the trial court's judgment.
Michael A. Pedone appealed a judgment entered by the Circuit Court for Hernando County in a case against Palmina Portereiko.…
The full statement of facts, procedural history, and disposition for this case are member content.
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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
MICHAEL A. PEDONE,
Appellant,
v. Case No. 5D22-708 LT Case No. 2022-DR-223-AX
PALMINA PORTEREIKO,
Appellee.
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Opinion filed August 30, 2022 Appeal from the Circuit Court for Hernando County, Don Barbee, Jr., Judge. Michael A. Pedone, Brooksville, pro se. 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 cannot properly resolve the underlying factual issues so as to 2 conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”). LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.