CDC CAPITAL INVESTMENTS, LLC AS TRUSTEE
v.
MTGLQ INVESTORS, L.P.

Fla. 1st DCA | 2018-12-31
No. 17-3896
John Hill
260 So. 3d 1187 Florida District Court of Appeal, First District (2018)

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Holding

An appellant's failure to file the transcript of proceedings prevents meaningful appellate review and requires affirmance of the judgment.


Headnotes

[1] An appellant's failure to provide the trial transcript prevents appellate review and requires affirmance of the trial court's judgment, as the appellate court cannot dete…

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Key Quotes

“The lack of an adequate record of the proceedings below prevents us from determining whether the trial court abused its discretion in admitting evidence at trial.”

Court's explanation for the need to affirm due to missing transcript

Facts & Procedural History

CDC Capital Investments, LLC as Trustee appealed from a final judgment in the circuit court for Jackson County following a bench trial.…

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Opinion of the Court

December 31, 2018 PER CURIAM.

Because Appellant has failed to file the transcript of the bench trial and failed to carry its burden of showing reversible error, we affirm the final judgment. The lack of an adequate record of the proceedings below prevents us from determining whether the trial court abused its discretion in admitting evidence at trial. Therefore, we must affirm. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979).

AFFIRMED.

WETHERELL, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Ian P. Hudson of King Hudson, PLLC, St. Petersburg, for Appellant. Dariel Abrahamy of Greenspoon Marder, P.A., Boca Raton, for Appellee.


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