JAMES H. GREASON, TRUSTEE
v.
ROLLING GREEN CONDOMINIUM E., INC.
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An appellant cannot obtain appellate reversal without providing a record of trial proceedings, as the appellate court cannot assess whether the judgment is supported by evidence or whether the trial court erred in applying the law.
[1] An appellant's failure to provide a complete record of trial proceedings, including a transcript, precludes appellate review of factual sufficiency of judgment and trial…
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Join FLexlaw to unlock all legal intelligence“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.”
Explaining the requirement for a trial transcript in appellate review
James H. Greason, as trustee, appealed a judgment from the circuit court in Miami-Dade County in a dispute with Rolling Green Condominium E., Inc.…
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Opinion filed December 4, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0760 Lower Tribunal No. 16-33175
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James H. Greason, Trustee,
Appellant,
vs.
Rolling Green Condominium E., Inc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas and Alan Fine, Judges. James H. Greason, for appellant. Koss Law Firm, P.A., and Jeremy A. Koss, for appellee. Before LINDSEY, LOBREE and BOKOR, JJ. PER CURIAM. Affirmed. See 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.”); see also Balsam v. S. Palm Beach Fin. Corp., 695 So. 2d 1267, 1268 (Fla. 4th DCA 1997) (“[T]he lack of a transcript prevents us from determining whether this issue was properly preserved by objection below.”).
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- Zane Balsam v. S. Palm Beach Fin. Corp., 695 So. 2d 1267 (Fla. 4th DCA 1997)