RICARDO FERREIRA
v.
MTGLQ INVESTORS, L.P.
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The Third District Court of Appeal affirmed the trial court's judgment in a mortgage-related dispute between Ricardo Ferreira and MTGLQ Investors, L.P., holding that without a complete trial record, the appellate court cannot overturn the judgment absent fundamental error on its face.
The appellate court affirmed the trial court's judgment because the appellant failed to provide a complete record of trial proceedings and evidentiary rulings, and the judgment is not fundamentally erroneous on its face.
“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 that a complete trial record is necessary for appellate review of factual determinations
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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 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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”); Zarate v. Deutsche Bank Nat’l Tr. Co., 81 So. 3d 556, 558 (Fla. 3d DCA 2012) (“Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b), a judgment which is not fundamentally erroneous on its face must be affirmed.”).