MOISES HERAS
v.
ANGELICA HERAS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An appellate court must affirm a judgment when the appellant fails to provide a trial transcript, as the court cannot determine whether the trial court's judgment is supported by evidence or whether reversible error occurred.
[1] An appellant's failure to provide a trial transcript to the appellate court results in affirmance of the trial court's judgment, as the appellate court cannot review fact…
Previewing 1 of 1 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.”
Citation to Applegate v. Barnett Bank of Tallahassee, explaining the requirement for an adequate appellate record.
Moises Heras appealed a final judgment of injunction for protection against domestic violence. He claimed his attorney failed to present certain docum…
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Third District Court of Appeal
State of Florida
Opinion filed April 22, 2026.
Not final until disposition of timely filed motion for rehearing.
Nos. 3D25-1633 Lower Tribunal No. 24-16919-FC-04
Moises Heras, Appellant,
vs.
Angelica Heras, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Oscar Rodriguez-Fonts, Judge.
Moises Heras, in proper person.
No appearance, for appellee.
Before FERNANDEZ, GORDO and GOODEN, JJ.
PER CURIAM.
Appellant Moises Heras challenges a final judgment of injunction for protection against domestic violence. He asserts that he provided his lawyer with documents that were not presented at the hearing. But Appellant Heras has not provided this Court with a transcript of the proceedings. And so, we do not know what was testified to or what evidence was presented below.
Therefore, we are constrained to affirm. 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. The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.”); Burkett v. Burkett, 155 So. 3d 478, 478 (Fla. 1st DCA 2015) (“Without a transcript, we cannot know what evidence the court heard beyond the documents that were filed in the record, and we cannot know what issues were preserved for review."); Zarate v. Deutsche Bank Nat'l Tr. Co. as Tr., 81 So. 3d 556, 558 (Fla. 3d DCA 2012) (“Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed.").
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carraway v. Armour & Co. & the Fla. Indus. Comm'n, 156 So. 2d 494 (Fla. 1963)
- Zarate v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 556 (Fla. 3d DCA 2012)
- Burkett v. Burkett, 155 So. 3d 478 (Fla. 1st DCA 2015)