JACQUELINE CROCKETT
v.
SCG ATLAS AVENTURA, LLC
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An appellant's failure to provide a hearing transcript or proper substitute prevents appellate review and requires affirmance.
[1] An appellant's failure to provide a hearing transcript or adequate substitute prevents meaningful appellate review and results in affirmance regardless of the merits of t…
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Join FLexlaw to unlock all legal intelligence“[T]he lack of a trial transcript or a proper substitute results in a record that is inadequate to demonstrate reversible error and requires affirmance.”
Citing Joseph v. Henry and Fuhrman v. Sara G 01, LLC regarding the consequences of failing to provide a hearing transcript
A tenant was ordered removed from the property. The tenant argued the trial court erred in refusing to allow her to fulfill a settlement agreement by …
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Jacqueline Crockett, in proper person. No appearance, for appellee. Before SCALES, GORDO and LOBREE, JJ.
PER CURIAM.
Jacqueline Crockett (the “tenant”) appeals from a county court final judgment for her removal, arguing among other things that the trial court erred in refusing to allow her to fulfill the parties’ settlement agreement via the registry after the landlord refused to accept payment of rent on the agreed day prior to the deadline. The tenant has not provided this court with a transcript of the hearing on her motion to enforce the parties’ mediation agreement and the landlord’s alternative motion for final judgment. Because the tenant has failed to meet her burden to demonstrate reversible error, we affirm. See Joseph v. Henry, 367 So. 3d 1280, 1281 (Fla. 3d DCA 2023) (“[T]he lack of a trial transcript or a proper substitute results in a record that is inadequate to demonstrate reversible error and requires affirmance.” (quoting Fuhrman v. Sara G 01, LLC, 373 So. 3d 1171, 1171 (Fla. 3d DCA
2022))); Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934–35 (Fla.
3d DCA 2019) (“The absence of a hearing transcript at which the trial court made this decision prevents any meaningful review of whether the trial court abused its discretion in this regard.”).
Affirmed.
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Citator
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Crockett v. SCG Atlas Aventura, LLC, 367 So. 3d 1280 (Fla. 3d DCA 2025)…ript of the hearing on her motion to enforce the parties’ mediation agreement and the landlord’s alternative motion for final judgment. Because the tenant has failed to meet her burden to demonstrate reversible error, we affirm. See Joseph v. Henry, 367 So. 3d 1280, 1281 (Fla. 3d DCA 2023) (“[T]he lack of a trial transcript or a proper substitute results in a record that is inadequate to demonstrate reversible error and requires affirmance.” (quoting Fuhrman v. Sara G 01, LLC, 373 So.3d 1171, 1171 (Fla. 3d DCA…1 / 2
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Puertas v. Ruiz (Fla. 3d DCA 2025)…3d DCA 2025). So, “[a]n appellant has the burden to present a record that will overcome the presumption of the correctness of the trial court's findings.” Zarate v. Deutsche Bank Nat’l Tr. Co., 81 So. 3d 556, 557 (Fla. 3d DCA 2012); Joseph v. Henry, 367 So. 3d 1280, 1281 (Fla. 3d DCA 2023). We cannot say that the trial court’s decision misapplies the law or evidence produced at the final hearing here if we have no transcript to review the setting and context in which the parties presented the evidence and law…
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Berry Patch Ridge, LLC v. Everglades Harvesting, Inc. (Fla. 6th DCA 2026)…case),¹ no evidence to consider, nor any affidavit submitted by the defendants below, we find that on this record, Appellants have not met their burden of demonstrating the trial court erred in denying the motion to transfer venue.² Joseph v. Henry, 367 So. 3d 1280, 1281 (Fla. 3d DCA 2023) (“It is firmly established that ‘[i]n appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.") (citation omitted); see also Loiaconi, 8…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crockett v. SCG Atlas Aventura, LLC, 367 So. 3d 1280 (Fla. 3d DCA 2025)
- Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933 (Fla. 3d DCA 2019)