EMILIE GONZALEZ, ET AL.
v.
MARIA DEL PILAR ALVAREZ
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.
Without a record of trial proceedings, an appellate court cannot properly resolve factual issues or conclude that a trial court's judgment is unsupported by evidence, and trial court decisions on procedural matters must be affirmed absent a showing of abuse of discretion.
[1] An appellate court cannot properly resolve factual issues or determine whether a trial court judgment is supported by evidence when the record of trial proceedings is inc…
[2] A trial court's exercise of discretion in applying procedural rules must be affirmed on appeal absent a showing of abuse of discretion, particularly where the trial judge…
Previewing 2 of 2 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)
Appellants Emilie Gonzalez and others appealed a judgment from the Circuit Court for Miami-Dade County. The appeal involved a dispute where the appell…
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Third District Court of Appeal State of Florida
Opinion filed April 29, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1947 Lower Tribunal No. 24-1937-CP-02
Emilie Gonzalez, et al., Appellants,
VS.
Maria Del Pilar Alvarez, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose Luis Fernandez, Judge.
Valero Law PLLC, and David T. Valero and Amanda E. Valero-Vincent (Davie), for appellants.
Law Offices of Mendez & Mendez, P.A., and Sergio L. Mendez, Daniel
J. Mendez, and Daniela C. Pachon, for appellee.
Before FERNANDEZ, LOBREE and BOKOR, JJ.
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.”); Mercer v. Raine, 443 So. 2d 944, 945 (Fla. 1983) ("The exercise of discretion by a trial judge who sees the parties first-hand and is more fully informed of the situation, is essential to the just and proper application of procedural rules. In the absence of facts showing an abuse of that discretion, the trial court's decision excusing, or refusing to excuse, noncompliance with rules . . . must be affirmed. . . . It is the duty of the trial court, and not the appellate courts, to make that determination.” (quotation omitted)).
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