JENNIFER MARCKX
v.
CUMIS LLC

Fla. 3d DCA | 2026-03-25
No. 2025-1597
2026 FL 3244 Florida District Court of Appeal, Third District (2026)

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Holding

The appellate court summarily affirmed the trial court's judgment because the appellant failed to provide an adequate record for review.


Key Quotes

“it is responsibility of appellant to bring before appellate court record that is adequate to support her appeal”

Court citing Benenson v. Marchenko, establishing the appellant's duty

Facts & Procedural History

The tenant appealed a final judgment of possession in favor of the landlord. The tenant did not provide a transcript of the non-jury trial proceedings…

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Opinion of the Court

PER CURIAM.

Jennfer Marckx (“Tenant”) appeals the trial court's final judgment of possession in favor of Cumis LLC (“Landlord"). We summarily affirm the trial court's final judgment because the Tenant has not provided a transcript of the non-jury trial proceedings and, thus, has failed to bring a proper record for this court's review. See Fla. R. App. P. 9.315(a).

As the Tenant has failed to meet her responsibility to ensure that a record adequate to permit resolution of the issues raised on appeal be prepared and transmitted to the appellate court, the Tenant fails to meet her burden of establishing reversible errors to overcome the presumption of correctness afforded to the trial court's decision. See Benenson v. Marchenko, 421 So. 3d 801, 802 (Fla. 3d DCA 2025) (finding it is responsibility of appellant to bring before appellate court record that is adequate to support her appeal) (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))); Gaspard v. Innocent, 389 So. 3d 638, 639 (Fla. 3d DCA 2023) (holding that affirmance is required where there is no transcript or proper substitute and no fundamental error on face of order appealed)).

Affirmed.


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