STEWART MCPHERSON
v.
IMCMV HOLDINGS LLC
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An appellate court cannot review the sufficiency of evidence or resolve factual issues without a record of trial proceedings, and all factual issues not clearly resolved in the existing record are presumed to favor the trial court's ruling.
[1] An appellant's failure to provide a trial transcript prevents appellate review of factual sufficiency of the evidence, and all potentially relevant factual issues not une…
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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.”
Citation to Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Megan Ashley Stewart McPherson appealed a judgment from Walton County Court against IMCMV Holdings LLC. The appellant did not provide a transcript of …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
MEGAN ASHLEY STEWART
MCPHERSON, Appellant,
V.
IMCMV HOLDINGS LLC, Appellee. No. 1D2025-1724
On appeal from the County Court for Walton County. Kelvin C. Wells, Judge.
August 5, 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.”); Hanniford v. United States Automobile Ass'n, 418 So. 3d 726, 731 n.1 (Fla. 1st DCA 2025) (“Without a transcript to prove to the contrary, all potentially relevant factual issues not unequivocally resolved on the face of the existing record are presumed to favor the trial court's ruling.").
OSTERHAUS, C.J., and LEWIS and WINOKUR, JJ., concur.