JANET RODRIGUEZ
v.
U.S. BANK TRUST, N.A., ETC.
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An appellant must clearly demonstrate wherein the trial court erred, and without a complete record of trial proceedings, the appellate court cannot resolve factual issues to conclude the judgment is unsupported by evidence.
[1] An appellant bears the burden of clearly demonstrating error in the trial court's judgment, and failure to do so results in affirmance of the judgment on appeal.
[2] Without a complete record of trial proceedings, an appellate court cannot properly resolve underlying factual issues or determine whether the trial court's judgment is un…
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Join FLexlaw to unlock all legal intelligence“The burden is upon the appellant to clearly demonstrate wherein the trial court has erred and failing this, the judgment appealed should be and it is hereby affirmed.”
Green-Mar Builders, Inc. v. Pearlman, 109 So. 2d 601, 602 (Fla. 3d DCA 1959)
Janet Rodriguez appealed a judgment entered by the Circuit Court for Miami-Dade County in a case against U.S. Bank Trust, N.A.…
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PER CURIAM.
Affirmed. See Green-Mar Builders, Inc. v. Pearlman, 109 So. 2d 601, 602 (Fla. 3d DCA 1959) (“The burden is upon the appellant to clearly demonstrate wherein the trial court has erred and failing this, the judgment appealed should be and it is hereby affirmed.”); 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 . . . . ”).
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Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Green-Mar Builders, Inc. v. Jules Pearlman, 109 So. 2d 601 (Fla. 3d DCA 1959)