KEVIN O. PORTER AND LORNA PORTER
v.
U.S. BANK NATIONAL ASSOCIATION, ETC.
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An appellate court cannot reverse a trial court's judgment in the absence of a record of the trial proceedings, as such a record is necessary to determine whether the judgment is supported by evidence or whether the trial court misapplied the law.
[1] An appellate court cannot properly review whether a trial court's judgment is supported by evidence or based on a misapplication of law without a record of the trial proc…
[2] The burden is on an appellant to provide an adequate record on appeal; failure to do so results in affirmance of the trial court's judgment.
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.”
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Kevin O. Porter and Lorna Porter appealed a circuit court judgment in a mortgage foreclosure action brought by U.S. Bank National Association as trust…
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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 RECEIVABLES LLC TRUST 2006-NC2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-NC2, Appellee.
No. 4D2025-1957
[April 1, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Christopher William Pole, Senior 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.