LISA MIJARES
v.
JUAN CARLOS ECHEVERRIA

Fla. 3d DCA | 2023-03-29
No. 22-0496
Florida District Court of Appeal, Third District (2023)

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Holding

An appellant must present a complete record including witness testimony and evidentiary rulings to overcome the presumption of correctness of trial court findings; absent such a record, a judgment that is not fundamentally erroneous on its face must be affirmed.


Headnotes

[1] An appellant bears the burden of presenting a complete appellate record, including witness testimony and evidentiary rulings, to overcome the presumption of correctness a…

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Key Quotes

“An appellant has the burden to present a record that will overcome the presumption of correctness of the trial court's findings. Where there is no record of the testimony of witnesses or evidentiary rulings, and where a statement of the record has not been prepared... a judgment which is not fundamentally erroneous on its face must be affirmed.”

Court's explanation of the standard for appellate review and the consequences of an inadequate record

Facts & Procedural History

This is an appeal from a circuit court judgment in Miami-Dade County. The appellants challenged the trial court's decision but failed to provide an ad…

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Opinion of the Court

PER CURIAM.

Affirmed. See Zarate v. Deutsche Bank Nat’l Tr. Co., 81 So. 3d 556, 557–58 (Fla. 3d DCA 2012) (“An appellant has the burden to present a record that will overcome the presumption of correctness of the trial court’s findings. . . . Where there is no record of the testimony of witnesses or evidentiary rulings, and where a statement of the record has not been prepared. . . a judgment which is not fundamentally erroneous on its face must be affirmed.”); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (affirming where “the record brought forward by the appellant is inadequate to demonstrate reversible error”).


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