QUANISHA HARRIS
v.
CAROLYN WALKER, ETC.
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The Third District Court of Appeal affirmed the lower court's decision, holding that without a trial transcript or evidence of fundamental error, an appellate court must uphold the trial court's factual determinations if they are supported by competent and substantial evidence.
No, an appellate court must affirm the lower court's decision if there is no trial transcript and no fundamental error, as the factual determinations are presumed to be supported by competent and substantial evidence.
[1] In the absence of a trial transcript and without fundamental error appearing on the face of the record, an appellate court must affirm a trial court's judgment from a non…
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Join FLexlaw to unlock all legal intelligence“The lower court’s ultimate factual determinations during a non-jury trial may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence or to constitute an abuse of discretion.”
Establishes the standard of review for factual determinations in non-jury trials.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Quanisha Harris, appealed a decision from the Miami-Dade County Circuit Court. The appeal was made without a trial transcript. The appe…
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Third District Court of Appeal
State of Florida
Opinion filed April 14, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-30 Lower Tribunal No. 16-4304
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Quanisha Harris,
Appellant,
vs.
Carolyn Walker, etc.,
Appellee. An Appeal from the Circuit Court for Miami-Dade County, Mindy S. Glazer, Judge. Peter A. Cohen, P.A., and Peter A. Cohen; Wasson & Associates, Chartered, and Roy D. Wasson, for appellant. Marva L. Wiley, for appellee. Before LOGUE, SCALES, and LOBREE, JJ. PER CURIAM. “The lower court’s ultimate factual determinations during a non-jury trial may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence or to constitute an abuse of discretion.” Mia. Real Estate Inv., LLC v. Beini Xu, 252 So. 3d 292, 293 (Fla. 3d DCA 2018). Additionally, without a transcript, and in the absence of fundamental error on its face, an appellate court must affirm a trial court’s decision. 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.”).
Affirmed.
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Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Miami Real Est. Invest, LLC v. Beini Xu, 252 So. 3d 292 (Fla. 3d DCA 2018)