ANDREA CHAVEZ
v.
JOUSY GARRIDO
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An appellant who fails to provide a trial transcript cannot challenge a judgment on the ground that damages are unsupported by competent substantial evidence.
[1] An appellant challenging a judgment on the ground that damages are unsupported by competent substantial evidence must provide a trial transcript; failure to do so preclud…
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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 citing Applegate v. Barnett Bank of Tallahassee to explain why affirmance is required when trial transcript is missing
Appellant Chavez was awarded a money judgment against her after a non-jury trial in Miami-Dade County Court. She appealed the judgment challenging the…
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Third District Court of Appeal State of Florida
Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0573 Lower Tribunal No. 23-7437-CC-21 ________________
Andrea Chavez, Appellant,
vs.
Jousy Garrido, Appellee.
An Appeal from the County Court for Miami-Dade County, Milena Abreu, Judge.
EPGD Attorneys at Law, P.A., and Carla V. Llaneza and Oscar A. Gomez, for appellant.
Michael A. Pizzi, Jr., P.A., and Michael A. Pizzi, Jr., for appellee.
Before LOGUE, C.J., and SCALES and BOKOR, JJ.
PER CURIAM.
Appellant challenges a money judgment entered against her after a non-jury trial on the basis that the damages awarded are not supported by
2 competent substantial evidence. Appellant, however, has failed to provide a transcript of the trial. This Court therefore is 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.”). Affirmed.