KEVIN O. PORTER AND LORNA PORTER
v.
U.S. BANK NATIONAL ASSOCIATION, ETC.
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The appellate court affirmed the trial court's judgment because the appellants failed to provide a record of the trial proceedings, making it impossible for the court to review factual findings or determine whether the trial court misapplied the law.
[1] An appellate court cannot properly review a trial court judgment or determine whether it is supported by competent evidence when the appellants fail to provide a record o…
[2] Without a record of trial proceedings establishing the factual context, an appellate court cannot reasonably conclude that a trial judge misconstrued the law in a manner…
Previewing 2 of 3 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.”
Court's citation to Applegate v. Barnett Bank of Tallahassee explaining why appellate review is impossible without a trial record
Kevin O. Porter and Lorna Porter appealed a judgment rendered by the trial court in a foreclosure action brought by U.S. Bank National Association. Th…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
KEVIN O. PORTER and LORNA PORTER, Appellants,
v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVEABLES LLC TRUST 2006-NC2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-NC2, Appellee.
No. 4D2025-1304
[April 1, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Gary Michael Farmer, Jr., Judge; L.T. Case No. CACE18017205.
Kevin O. Porter and Lorna Porter, Miramar, pro se.
Shawn Lee Taylor of DeLuca Law Group, PLLC, Fort Lauderdale, for appellee.
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.”).
KLINGENSMITH, SHAW and LOTT, JJ., concur. * * *
Not final until disposition of timely-filed motion for rehearing.