“Without a record of the trial proceedings, the appellate court cannot properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence[.]”
How later courts described this case
- “Without a record of the trial proceedings, the appellate court cannot properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence[.]”
Written by the judges who cited it.
The opinion
Third District Court of Appeal
State of Florida
Opinion filed July 27, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-2194
Lower Tribunal No. 21-3908
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Earl Burks,
Appellant,
vs.
Deloise B. Brown,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Spencer
Eig, Judge.
Earl Burks, in proper person.
The Law Office of Alain Roman, PLLC, and Alain E. Roman, for
appellee.
Before EMAS, LINDSEY, and GORDO, 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 cannot properly resolve the underlying factual issues so as
to conclude that the trial court’s judgment is not supported by the
evidence[.]”).
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