NASHID SABIR, ET AL.
v.
1560-1568 DREXEL AVENUE, LLC

Fla. 3d DCA | 2024-04-10
No. 2023-0351
Simon, J., Emas, J., Scales, J., Miller, J.
2024 FL 4048 Florida District Court of Appeal, Third District (2024)

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.


Holding

Without a record of trial proceedings, an appellate court cannot properly resolve factual issues to determine whether the trial court's judgment is supported by the evidence or an alternative theory.


Headnotes

[1] An appellate court cannot properly review whether a trial court's judgment is supported by the evidence or an alternative theory without a complete record of the trial pr…

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

Key Quotes

“Without a record of the trial proceedings, the appellate court [cannot] 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's rationale for affirming, citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)

Facts & Procedural History

Nashid Sabir and others appealed a judgment from the Circuit Court for Miami-Dade County against 1560-1568 Drexel Avenue, LLC.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
Miller

Third District Court of Appeal State of Florida

Opinion filed April 10, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-351 Lower Tribunal No. 21-22751 ________________

Nashid Sabir, et al., Appellants,

vs.

1560-1568 Drexel Avenue, LLC, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge.

BLU Ocean Law Group, P.A., and Nashid Sabir, for appellants.

Roniel Rodriguez, IV, P.A., and Roniel Rodriguez IV, for appellee.

Before EMAS, SCALES, and MILLER, JJ.

PER CURIAM.

2

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 [cannot] 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.”).


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw