SMITH
v.
SMITH
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When an appellant fails to provide a proper transcription of trial proceedings in the appellate record, the appellate court will affirm the trial court decision.
[1] An appellant who fails to provide a proper transcription of trial proceedings in the appellate record bears the responsibility for that failure and will result in affirma…
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Join FLexlaw to unlock all legal intelligence“The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.”
Citation to Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979), explaining the standard for affirmance when the appellate record is inadequate.
Timothy James Smith Jr. appealed a decision by the circuit court in a case against Mallory Nicole Smith. The appellant failed to comply with rules req…
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February 5, 2025 PER CURIAM.
AFFIRMED. See Fla. R. App. P. 9.200(b), (e) (setting out process for proper transcription for inclusion in the appellate record and making the appellant responsible for compliance); Fla. R. Jud. Admin. 2.535 (governing court reporting); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.”); see also Order dated January 16, 2024 (directing that a proper transcription of the hearing at issue be prepared and made part of the record, failing which summary affirmance under Applegate will follow). OSTERHAUS, C.J., and LEWIS and TANENBAUM, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.