TERESA LAMBERT
v.
MIKE ROBERTS
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When an appellate record is incomplete or inadequate, the appellate court cannot properly resolve factual issues to determine whether the trial court's judgment is supported by evidence or reverse based on alleged legal error.
[1] An appellate court cannot properly resolve factual issues or determine whether a trial court's judgment is supported by evidence when the appellate record is incomplete o…
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Join FLexlaw to unlock all legal intelligence“Without an adequate record of the proceedings below, the appellate court cannot properly resolve factual issues to conclude the trial court's judgment is not supported by evidence or an alternate theory.”
Court's explanation of why judgment cannot be reversed when record is inadequate
Teresa Lambert appealed a judgment from the Circuit Court for Columbia County entered by Judge Mark E. Feagle.…
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December 11, 2024 PER CURIAM.
AFFIRMED. See J P Morgan Chase Bank v. Combee, 883 So. 2d 330, 331–32 (Fla. 1st DCA 2004) (“Without an adequate record of the proceedings below, the appellate court cannot properly resolve factual issues to conclude the trial court’s judgment is not supported by evidence or an alternate theory. Moreover, ‘[w]ithout knowing the factual context, neither can an appellate court reasonably conclude that the trial court so misconceived the law as to require reversal.’ The trial court’s decision ‘could well be supported by evidence adduced at trial [or hearing] but not stated in the judge’s order or otherwise apparent in the incomplete record on appeal.’” (quoting and citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))).
KELSEY, NORDBY, and LONG, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.