GARTH OMARI SHAW
v.
SARA J. PEREZ-SHAW
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An appellant who fails to provide a record of trial proceedings cannot demonstrate reversible error and must be affirmed.
[1] An appellant who fails to provide a record of trial proceedings, including transcripts and documentary evidence at issue, cannot demonstrate reversible error and must be…
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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.”
Court explaining why appellant's failure to provide a record on appeal requires affirmance
Garth Shaw appealed a trial court order granting the mother's emergency motion to limit him to supervised timesharing with minor children. Shaw claime…
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Third District Court of Appeal State of Florida
Opinion filed April 16, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1393 Lower Tribunal No. 21-3247-FC-04 ________________
Garth Omari Shaw, Appellant,
vs.
Sara J. Perez-Shaw, Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Veronica Diaz, Judge.
Calisha A. Francis (Ft. Lauderdale), for appellant.
Abramowitz and Associates, and Evan L. Abramowitz, for appellee.
Before LINDSEY, MILLER, and LOBREE, JJ.
PER CURIAM.
2 Appellant Garth Shaw appeals the trial court’s non-final Order Granting the Mother’s Emergency Motion to Confirm that Father is Limited to Supervised Timesharing with Minor Children. Shaw claims that the trial court considered improper evidence at an evidentiary hearing and improperly gave more weight to one substance abuse report than another in reaching its ruling. However, Shaw has provided this Court with neither a transcript of the evidentiary hearing, nor a copy of either substance abuse report. Indeed, Shaw has provided no record on appeal at all. Because Shaw has failed to demonstrate reversible error, we are compelled 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.”).
Affirmed.