DAYRO G. DELGADO
v.
BIANCA C. ACOSTA-RENTA

Fla. 3d DCA | 2024-10-02
No. 3D2024-0520
365 So. 3d 426 Florida District Court of Appeal, Third District (2024) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

An appellant must provide a transcript or proper substitute record to overcome the presumption of correctness afforded to trial court findings; absent a record and absent fundamental error on the face of the order, affirmance is required.

Headnotes

[1] An appellant bears the burden of presenting a record that overcomes the presumption of correctness afforded to trial court findings, and without a transcript or proper su…

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Key Quotes

“[W]here 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.”

Statement of the burden on appellants to provide adequate records on appeal
Facts & Procedural History

Dayro G. Delgado appealed a judgment from Miami-Dade County Circuit Court in a family law matter. The appellant proceeded in propria persona and did n…

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Topics
Fundamental Error

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Opinion of the Court

Opinion filed October 2, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0520 Lower Tribunal No. 16-2574-FC-04

________________

Dayro G. Delgado,

Appellant,

vs.

Bianca C. Acosta-Renta,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Christina Marie DiRaimondo, Judge. Dayro G. Delgado, in proper person. Bianca C. Acosta-Renta, in proper person. Before EMAS, SCALES and GORDO, JJ. PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979); Gaspard v. Innocent, 389 So. 3d 638 (Fla. 3d DCA 2023) (affirmance required where no transcript or proper substitute and no fundamental error on the face of the order appealed); Mijares v. Echeverria, 365 So. 3d 426 (Fla. 3d DCA 2023) (reiterating that appellant bears burden of presenting a record that overcomes the presumption of correctness afforded to the trial court’s findings and “[w]here 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.”)

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dayro G. Delgado v. Bianca C. Acosta-Renta, 365 So. 3d 426 (Fla. 3d DCA 2024)
    …PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979); Gaspard v. Innocent, 389 So. 3d 638 (Fla. 3d DCA 2023) (affirmance required where no transcript or proper substitute and no fundamental error on the face of the order appealed); Mijares v. Echeverria, 365 So. 3d 426 (Fla. 3d DCA 2023) (reiterating that appellant bears burden of presen…
    1 / 2
  • Scott v. Broughton (Fla. 3d DCA 2025)
    …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.”); Gaspard v. Innocent, 389 So. 3d 638 (Fla. 3d DCA 2023) (holding that affirmance is required where there is no transcript or proper substitute and no fundamental error on the face of the order appealed). Affirmed.…
  • Gelati v. Est. of Edmundo Henriquez Ron (Fla. 3d DCA 2026)

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