FIRST SOUTHWESTERN FINANCIAL SERVICES, INC.
v.
VAIDA MORALI
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Without a complete record of trial proceedings, an appellate court cannot review whether the trial court's judgment is supported by the evidence or whether the trial court misapplied the law.
[1] An appellate court cannot review the sufficiency of the evidence or legal errors by the trial court without a complete record of the trial proceedings, including testimon…
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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 citation to Applegate v. Barnett Bank of Tallahassee explaining the necessity of a complete trial record for appellate review
First Southwestern Financial Services appealed a circuit court judgment entered against it in a case involving appellee Vaida Morali.…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE10-26929.
Joshua I. Gornitsky of Searles, Sheppard & Gornitsky, PLLC, Fort Lauderdale, for appellant.
Mauri Peyton of PeytonBolin, PL, Fort Lauderdale, for appellee. PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding that “[w]ithout 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,” and “[w]ithout knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal”). CIKLIN, GERBER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.