HOME-TECH CONSOLIDATED, INC.
v.
FRANCISCO COSSIO

Fla. 6th DCA | 2026-07-10
No. 2024-1374
Swett, J., Stargel, J., Nardella, J., Brownlee, J.
2026 FL 8776 Florida District Court of Appeal, Sixth District (2026)

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Holding

An appellate court cannot reverse a trial court's judgment when the appellant fails to provide a record of the trial proceedings.


Headnotes

[1] An appellant's failure to provide a complete record of trial proceedings precludes appellate review of whether the trial court's judgment is supported by the evidence.

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Key Quotes

“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 judgment.

Facts & Procedural History

Home-Tech Consolidated, Inc. appealed a judgment from the County Court for Lee County in a case against Francisco Cossio. The appellant did not provid…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2024-1374 Lower Tribunal No. 23-SC-007573

HOME-TECH CONSOLIDATED, INC., Appellant,

v.

FRANCISCO COSSIO, Appellee.

Appeal from the County Court for Lee County.

H. Andrew Swett, Judge.

July 10, 2026

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 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.").

STARGEL, NARDELLA and BROWNLEE, JJ., concur.

Katherine E. Cook and Suzanne M. Boy, of Boy Agnew Potanovic Miller, PLLC, Fort Myers, for Appellant.

No Appearance for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF TIMELY FILED


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