DAURIANNE GORDON-BROWN O/B/O B.B, A CHILD
v.
EVA N. ARMSTRONG
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Without a record of the trial proceedings, an appellate court cannot properly resolve factual issues or conclude that a trial court's judgment is unsupported by evidence or based on a legal misconception requiring reversal.
[1] An appellate court cannot properly review whether a trial court's judgment is supported by evidence or reverse on grounds of legal error when the appellate record lacks a…
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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.”
Citation to Applegate v. Barnett Bank of Tallahassee, establishing the standard for appellate review when trial record is incomplete.
Daurianne Gordon-Brown, acting on behalf of a child, appealed a judgment from the Circuit Court for the Seventeenth Judicial Circuit in Broward County…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. DVCE20- 004002.
Daurianne Gordon-Brown, Hollywood, pro se. No appearance for appellee. 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.”). CIKLIN, GERBER and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.