MIGUEL ALVAREZ
v.
LAKELAND MOTORS, LLC D/B/A LAKELAND CHRYSLER
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Without a record of trial proceedings, an appellate court cannot determine whether the trial court's judgment is supported by the evidence or by an alternative theory.
[1] An appellate court cannot review the sufficiency of evidence supporting a trial court's judgment or consider alternative theories of liability when the appellate record d…
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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.”
Court's rationale for affirming the judgment based on the inadequate appellate record
Miguel Alvarez appealed a judgment from the County Court for Polk County against Lakeland Motors, LLC d/b/a Lakeland Chrysler. The appellate record di…
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2024-1102 Lower Tribunal No. 2023-SC-005622
MIGUEL ALVAREZ,
Appellant/Cross-Appellee,
v.
LAKELAND MOTORS, LLC d/b/a LAKELAND CHRYSLER,
Appellee/Cross-Appellant.
Appeal from the County Court for Polk County. John B. Flynn, Judge.
August 21, 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.").
NARDELLA, MIZE and GANNAM, JJ., concur.
Miguel Alvarez, Auburndale, pro se.
Walter C. Thomas, Jr., Lakeland, for Appellee/Cross-Appellant.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED