JACK DELEO AND AMY DELEO
v.
FEDERATED NATIONAL INSURANCE COMPANY
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An appellate court cannot reverse a trial court's judgment without a complete record of the trial proceedings to review the factual support for the judgment and assess whether the trial court misapplied the law.
[1] An appellant's failure to provide a complete record of trial proceedings on appeal precludes meaningful appellate review of factual sufficiency of the judgment and legal…
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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 [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.”
Court explaining the requirement for a complete trial record in appellate review, citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Jack and Amy Deleo appealed from a trial court judgment in a dispute with Federated National Insurance Company. The appellants did not provide a compl…
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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 [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.”). FORST, KLINGENSMITH and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.