WILLET ADOLPHE
v.
PALM BEACH COUNTY
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Without a trial transcript, an appellate court cannot properly review whether the trial court's judgment is supported by the evidence or whether the trial judge misapplied the law.
[1] An appellant's failure to provide a trial transcript on appeal precludes meaningful review of the trial court's judgment on the merits, requiring affirmance regardless of…
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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.”
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Appellant Willet Adolphe appealed a trial court judgment against Palm Beach County but failed to provide a record of the trial proceedings.…
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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”); Esaw v. Esaw, 965 So. 2d 1261, 1264 (Fla. 2d DCA 2007) (“The most salient impediment to meaningful review of the trial court’s decision is not the absence of findings, but the absence of a transcript.”). CONNER, C.J., FORST and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.