PATRICIA DEL VALLE
v.
SAFEPOINT INSURANCE COMPANY
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Issues not properly presented to the trial court with specific legal arguments, or not supported by a complete appellate record, will not be considered on appeal.
[1] To preserve an issue for appellate review, a party must present the claim to the trial court and include the specific legal argument or ground to be raised on appeal as p…
[2] An appellant bears the burden of ensuring that a complete record, including full trial transcripts, is prepared and transmitted to the appellate court; piecemeal transcri…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The choice to provide piecemeal transcripts deprived this Court of the ability to review the record as a whole. Absent a full transcript, this Court cannot determine whether the evidence presented by [appellant] at trial supported her argument that the proposed jury instruction should have been included or whether it was prejudicial for the trial court to fail to include that instruction.”
Court's explanation of the prejudice caused by incomplete appellate record
Patricia Del Valle appealed a circuit court decision in Miami-Dade County involving SafePoint Insurance Company. The appellant failed to raise certain…
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PER CURIAM.
Affirmed. See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla.1999) (stating that a claim not raised in the trial court will not be considered on appeal); Tillman v. State, 471 So. 2d 32, 35 (Fla.1985) (“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”); Dober v. Worrell, 401 So. 2d 1322 (Fla.1981) (holding that issues not presented to the trial judge will not be considered in an appeal from final judgment on the merits). See also Fla. R. App. P.
9.200(e) (“The burden to ensure that the record is prepared and transmitted in accordance with these rules shall be on the petitioner or appellant.”);
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 or by an alternative theory.
Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”); Ponn v. Metro Express, Inc., 48 Fla. L. Weekly D1786,
2023 WL 5731753, at *1 (Fla. 3d DCA Sept. 6, 2023) (“The choice to provide piecemeal transcripts deprived this Court of the ability to review the record
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Del Valle v. SafePoint Ins. Co., 48 Fla. L. Weekly D1786 (Fla. 3d DCA 2024)
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- Chirogianis v. Anderson, 401 So. 2d 1322 (Fla. 1981)
- Pomeroy v. Griffin Windows & Doors, LLC (Fla. 3d DCA 2023)
- Del Valle v. SafePoint Ins. Co., 48 Fla. L. Weekly D1786 (Fla. 3d DCA 2024)