JOHN MOLLOY
v.
DEPARTMENT OF REVENUE, ET AL.,
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An appellate court cannot properly resolve factual issues or conclude that a trial court's judgment is unsupported by evidence without a complete record of the trial proceedings.
[1] An appellate court cannot properly review whether a trial court's judgment is supported by the evidence or resolve underlying factual issues without a complete record of…
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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's rationale for affirming the Department of Revenue's decision
John Molloy appealed a decision by the Department of Revenue. The appeal involved administrative proceedings before the Department of Administrative H…
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Third District Court of Appeal State of Florida
Opinion filed October 25, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1717 Lower Tribunal Nos. DOAH 22-002404CS; CSP No. 2001413098 & 13200009226FC
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John Molloy, Appellant,
vs.
Department of Revenue, et al, Appellees.
An Appeal from the State of Florida, Department of Revenue.
John Malloy, in proper person.
Ashley Moody, Attorney General, and Toni C. Bernstein, Sr. Assistant Attorney General (Tallahassee), for appellee Department of Revenue.
Before LOGUE, C.J., and LINDSEY and MILLER, JJ.
PER CURIAM.
2
Affirmed. 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.”).