FT TRADE FINANCIAL, CORP.
v.
ROADWAY, INC.
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The absence of a transcript is not necessarily fatal to appellate review of a summary judgment decision; rather, the nature of the alleged error determines the adequacy of the appellate record.
[1] The adequacy of an appellate record for reviewing a summary judgment decision is determined by the nature of the alleged error rather than by the absence of a transcript…
[2] On appeal, a trial court's decision is presumed correct and the burden rests on the appellant to affirmatively demonstrate error.
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Join FLexlaw to unlock all legal intelligence“while it is true that the absence of a transcript is not necessarily fatal to review of a trial court's decision at a summary judgment hearing, it is not the nature of the hearing, but rather than the nature of the alleged error, which dictates the adequacy of the record on appeal”
Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934 (Fla. 3d DCA 2019)
FT Trade Financial, Corp. appealed a trial court decision in a matter involving Roadway, Inc. The appeal proceeded without a complete transcript of th…
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PER CURIAM.
Affirmed. See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934 (Fla. 3d DCA 2019) (“[W]hile it is true that the absence of a transcript is not necessarily fatal to review of a trial court’s decision at a summary judgment hearing, it is not the nature of the hearing, but rather than the nature of the alleged error, which dictates the adequacy of the record on appeal[.]”) (internal citations omitted); 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.”).
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