JAVIER RODRIGUEZ
v.
NOB HILL WEST CONDOMINIUM ASSOCIATION, INC.
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An appellate court must affirm a trial court's judgment when the appellant fails to provide a trial transcript, as the court cannot review factual findings or determine whether the judgment is supported by evidence.
[1] An appellant's failure to provide a trial transcript on appeal results in affirmance of the trial court's judgment because the appellate court cannot review factual findi…
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Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . 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 explaining the requirement for a trial transcript to permit appellate review of factual findings
Rodriguez appealed a final judgment of foreclosure entered after a bench trial in which he testified and withdrew or failed to prove his affirmative d…
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Third District Court of Appeal State of Florida
Opinion filed June 24, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1959 Lower Tribunal No. 24-17248-CA-01
Javier Rodriguez, Appellant,
vs.
Nob Hill West Condominium Association, Inc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jason Emilios Dimitris, Judge.
Javier Rodriguez, in proper person.
Koss Law Firm, P.A., and Jeremy A. Koss, for appellee.
Before LINDSEY, LOBREE and BOKOR, JJ.
PER CURIAM.
Javier Rodriguez appeals a final judgment of foreclosure rendered
after a bench trial. The final judgment reflects both that Rodriguez testified at trial and withdrew and/or failed to prove any of his affirmative defenses. Because we lack a transcript of the trial, we are unable to review the trial court's factual findings and resulting legal conclusions. Accordingly, we are compelled to affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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.").
Affirmed.
2