DAURIANNE GORDON-BROWN
v.
DELVIN JONES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Fourth District Court of Appeal affirmed a lower court's decision, emphasizing that appellants bear the burden of demonstrating error and that appellate courts cannot review factual issues without a proper record of the trial proceedings.
No, the appellant failed to demonstrate reversible error. The appellate court affirmed the lower court's decision because the appellant did not provide a sufficient record to overcome the presumption of correctness afforded to the trial court's judgment.
[1] An appellant bears the burden of demonstrating error on appeal, and the trial court's judgment is entitled to a presumption of correctness.
[2] Without a complete record of trial proceedings, an appellate court cannot properly resolve factual disputes or determine whether the trial court's judgment is supported b…
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 appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”
Establishes the presumption of correctness for trial court decisions and the burden on the appellant.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant, Daurianne Gordon-Brown, appealed a non-final order from the Seventeenth Judicial Circuit Court. The appellee, Delvin Jones, did not app…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
DAURIANNE GORDON-BROWN,
Appellant,
v.
DELVIN JONES,
Appellee.
No. 4D21-780
[September 22, 2021]
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Kaplan, Judge; L.T. Case No. DVCE20-004004.
Daurianne Gordon-Brown, Miami, pro se. No appearance for appellee.
ON MOTION FOR REHEARING PER CURIAM. We deny appellant’s motion for rehearing and clarification in response to orders filed on July 29, 2021, but withdraw our opinion dated July 29, 2021, and issue the following in its place:
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . 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.”). GROSS, CIKLIN and GERBER, JJ., concur.
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