MINOR STREET LP
v.
DANIEL L. ALLEN

Fla. 3d DCA | 2024-02-21
No. 2023-1050
2024 FL 1738 Florida District Court of Appeal, Third District (2024) Positive Treatment

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Holding

An appellant cannot obtain appellate review of a trial court's order without providing a transcript of the relevant proceeding.


Headnotes

[1] An appellant's failure to provide a transcript of the proceedings below precludes appellate review of the trial court's factual findings and legal conclusions, resulting…

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Key Quotes

“We affirm because we cannot review the factual issues on appeal without a transcript of the hearings below.”

The court cited Roberts v. Diaz, explaining its inability to review without transcripts.

Facts & Procedural History

Minor Street LP appealed from an order denying its motion for sanctions against Daniel Allen in a Miami-Dade County case. The appellant failed to prov…

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Opinion of the Court

PER CURIAM.

Appellant Minor Street LP #1 appeals from an order denying its motion for sanctions against Appellee Daniel Allen. Because Minor Street did not provide this Court with a transcript of the relevant proceeding below, we cannot review the circuit court’s reasoning and, thus, cannot know “the factual context, neither can [we] reasonably conclude that the [lower court] so misconceived the law as to require reversal.” See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); see also Roberts v. Diaz, 343 So. 3d 156, 157 (Fla. 3d DCA 2022) (“We affirm because we cannot review the factual issues on appeal without a transcript of the hearings below.”); Kitchen Design Cabinets, Inc. v. Bentley, 320 So. 3d 1013, 1014 (Fla. 1st DCA 2021) (“Without any transcripts, we have no means by which to review the trial court’s resolution of these important factual issues.”). Affirmed.


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