FAIRUZA SAITOVA
v.
DENISE CARBALLEA
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An appellant must present issues and specific legal arguments to the trial court and provide an adequate transcript to preserve those issues for appellate review.
[1] An issue is not preserved for appellate review unless it is presented to the trial court with the specific legal argument or ground to be raised on appeal.
[2] Without an adequate transcript of the trial proceedings, an appellate court cannot determine whether the trial judge erred or whether the judgment is supported by the evi…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”
The court cited Sunset Harbour Condo. Ass'n v. Robbins to establish the preservation requirement for appellate issues.
Fairuza Saitova appealed a decision from the Circuit Court for Miami-Dade County, Judge Stephanie R. Silver, in a special proceeding.…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed November 5, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D26-0381
Lower Tribunal No. 25-157717-SP-26
Fairuza Saitova,
Appellant,
vs.
Denise Carballea,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Stephanie R. Silver, Judge.
Fairuza Saitova, in proper person.
Denise Carballea, in proper person.
Before FERNANDEZ, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005) (“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved." (quoting Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985))); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (Without a transcript, we cannot "reasonably conclude that the trial judge so misconceived the law as to require reversal.” Nor can we “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.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925 (Fla. 2005)