EDWARD FIDELMAN
v.
ADONIS DOMINGUEZ
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An appellant bears the burden of demonstrating error in the trial court's decision, and without a complete record of trial proceedings, an appellate court cannot properly resolve factual issues or determine whether the trial court misapplied the law.
[1] An appellate court presumes the correctness of a trial court's decision, and the burden rests on the appellant to demonstrate error.
[2] Without a record of trial proceedings or a proper substitute, an appellate court cannot resolve factual issues to determine if the judgment is supported by evidence or an…
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Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error [...] 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.”
The court's statement of the legal standard governing appellate review and the appellant's burden on appeal.
Edward Fidelman appealed a trial court decision against him in a case involving Adonis Dominguez. The record on appeal was insufficient to permit mean…
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PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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.").