HERCULES HUU NGUYEN
v.
WALDENLIFE PENSION CAPITAL, LLC AND REAL ESTATE BROKERS, LLC

Fla. 6th DCA | 2026-07-10
No. 2025-0694
Sandor, J., Stargel, J., Nardella, J., Brownlee, J.
2026 FL 8814 Florida District Court of Appeal, Sixth District (2026)

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Holding

An appellate court may affirm a trial court judgment when the appellant's brief omits points, positions, facts, and supporting authorities, as such omissions constitute waiver or abandonment of those arguments.


Headnotes

[1] When an appellant's brief omits points, positions, facts, and supporting authorities, those arguments are waived, abandoned, or deemed unworthy of consideration by the ap…

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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.”

Citation to Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)

Facts & Procedural History

Hercules Huu Nguyen appealed a judgment from the Circuit Court for Orange County in a case involving Waldenlife Pension Capital, LLC and Real Estate B…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-0694 Lower Tribunal Nos. 2014-CA-000699 and 2022-CA-005908

HERCULES HUU NGUYEN, Appellant,

v.

WALDENLIFE PENSION CAPITAL, LLC and REAL ESTATE BROKERS, LLC, Appellees.

Appeal from the Circuit Court for Orange County. Brian S. Sandor, 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."); Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958, 960 (Fla. 4th DCA 1983) ("When points, positions, facts and supporting authorities are omitted from the brief, a court is entitled to believe that such are waived, abandoned, or deemed by counsel to be unworthy.").

STARGEL, NARDELLA and BROWNLEE, JJ., concur.

Patrice Scott, of Solomon Scott Law Firm, PLLC, Orlando, for Appellant. Christopher Hixson, of Hixson Law Group, Largo, for Appellees.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF FILED


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