ECHCHO MARIA HART
v.
DADE COUNTY FEDERAL CREDIT UNION
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An appellant's failure to provide a transcript of trial proceedings results in affirmance of the trial court's judgment because an appellate court cannot properly review factual issues or determine if the judgment is supported by evidence without such a record.
[1] A party seeking appellate review bears the burden of providing the appellate court with an adequate record of the proceedings in the lower tribunal, including a transcrip…
Previewing 1 of 1 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“An appellate court cannot reverse a decision in the absence of a sufficient record.”
The court explained the consequence of an inadequate appellate record, citing Kass Shuler.
Hart appealed a County Court decision against Dade County Federal Credit Union. The record on appeal contained no transcript of the trial proceedings …
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Opinion filed June 19, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1423 Lower Tribunal No. 19-32341 SP
________________
Echcho Maria Hart,
Appellant,
vs.
Dade County Federal Credit Union,
Appellee.
An Appeal from the County Court for Miami-Dade County, Miesha S. Darrough, Judge. Shrouder, Karns & Mager, P.A., and Larry A. Karns (Cooper City), for appellant. Dunn Law, P.A., and Jerrod M. Maddox, for appellee. Before FERNANDEZ, LINDSEY, and LOBREE, JJ. PER CURIAM.
Appellant has not met her burden of providing this Court with an
adequate record of the proceedings before the trial court. See Williams v.
Jessica L. Kerr, P.A., 271 So. 3d 82, 83 (Fla. 3d DCA 2019) (“It is well
established that the party seeking appellate review has the burden of
providing the court with an adequate record of the proceedings in the lower
tribunal.” (quoting Kass Shuler, P.A. v. Barchard, 120 So. 3d 165, 168 (Fla.
2d DCA 2013))). This is abundantly clear as the record on appeal contains
no transcript of the trial proceeding before the lower court. As this Court
recently held in Williams:
“An appellate court cannot reverse a decision in the absence of a sufficient record.” [Kass Shuler, 120 So. 3d at 168] (emphasis omitted). This is because “[w]ithout 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.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Thus, “when no transcript is provided, a judgment that is not fundamentally erroneous will be affirmed.” Arnold v. Whitley, Jr., 97 So. 3d 339 (Fla. 5th DCA 2012). 271 So. 3d at 83 (alternations in original) (footnote omitted). “The most salient impediment to meaningful review of the trial court’s
decision is not the absence of findings, but the absence of a transcript.”
Esaw v. Esaw, 965 So. 2d 1261, 1264 (Fla. 2d DCA 2007). Indeed, an
appellant’s failure to provide a proper record to the reviewing court “is
‘usually fatal’ to the appellant's claims.” Id. at 1264-65 (quoting Casella v.
Casella, 569 So. 2d 848, 849 (Fla. 4th DCA 1990)). “Without such a record,
it will ordinarily be impossible for the appellant to establish that an asserted
error is harmful.” Id. at 1265. Accordingly, we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Esaw v. Esaw, 965 So. 2d 1261 (Fla. 2d DCA 2007)
- Casella v. Casella, 569 So. 2d 848 (Fla. 4th DCA 1990)
- Kass Shuler, P.A. v. Barchard, 120 So. 3d 165 (Fla. 2d DCA 2013)
- Tamalari R. Arnold v. Whitley, 97 So. 3d 339 (Fla. 5th DCA 2012)
- Williams v. Jessica L. Kerr, P.A., 271 So. 3d 82 (Fla. 3d DCA 2019)