DIANE SCOTT
v.
ROBERT BROUGHTON
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.
Diane Scott appealed a bench trial judgment in her defamation action against Robert Broughton. The appellate court affirmed the lower court's judgment because Scott failed to provide a trial transcript or statement of evidence necessary for appellate review.
The appellate court affirmed the judgment because without a record of the trial proceedings, the appellate court cannot properly resolve factual issues or determine whether the judgment is supported by the evidence or by an alternative theory.
[1] An appellant's failure to provide a trial transcript or proper substitute for the record requires affirmance of the trial court's judgment, as the appellate court cannot…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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.”
Establishes the fundamental requirement that an appellant must provide a trial transcript to enable appellate review of factual findings
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDiane Scott brought a defamation action against Robert Broughton in Monroe County. The case proceeded to a bench trial before Judge James W. Morgan II…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Defamation cases and more on FLexlaw
PER CURIAM.
Diane Scott appeals a final judgment entered after a bench trial in Scott’s defamation action. Because Scott has failed to provide a transcript of the bench trial or statement of the evidence or proceedings upon which the final judgment was based, we must affirm. 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.”); 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Dayro G. Delgado v. Bianca C. Acosta-Renta, 365 So. 3d 426 (Fla. 3d DCA 2024)