PRECIOUS KNIGHT
v.
JEAN LOUIS JERSOM

Fla. 3d DCA | 2025-05-21
No. 2025-0073
Darrough, J., Gordo, J., Lobree, J., Gooden, J.
2025 FL 4317 Florida District Court of Appeal, Third District (2025)

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

An appellant's failure to provide a hearing transcript prevents appellate review of claims challenging the trial court's factual determinations or exercise of discretion.


Headnotes

[1] The burden to ensure that the appellate record is prepared and transmitted in accordance with the Florida Rules of Appellate Procedure rests upon the appellant, and failu…

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

“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.”

Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)

Facts & Procedural History

Knight purchased a motor vehicle from Jersom, returned it, and received a cashier's check for the purchase price and shipping. Knight then sought addi…

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.


Per_curiam
Per Curiam

Third District Court of Appeal State of Florida

Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-73 Lower Tribunal No. 24-209149-SP-05 ________________

Precious Knight, Appellant,

vs.

Jean Louis Jersom, Appellee.

An Appeal from the County Court for Miami-Dade County, Miesha S. Darrough, Judge.

Precious Knight, in proper person.

No appearance, for appellee.

Before GORDO, LOBREE and GOODEN, JJ.

PER CURIAM.

Precious Knight appeals an order dismissing her small claims fraud

Footnotes
2 complaint as moot, reflecting that Knight had returned the motor vehicle at issue in the case and appellee Jean Louis Jersom provided Knight with a cashier’s check for the purchase price and shipping of the vehicle. On appeal, Knight does not identify any alleged error by the trial court, but seeks further recovery from appellee for funds she spent on parts and repairs on the vehicle. Upon our de novo review, we conclude that Knight has failed to demonstrate any error in the trial court’s order dismissing her complaint. Knight failed to provide this court with a transcript of the hearing that resulted in the order on appeal. See Fla. R. App. P. 9.200(e) (“The burden to ensure that the record is prepared and transmitted in accordance with these rules will be on the petitioner or the appellant.”). We have no record of what evidence was presented, or what arguments were made, at that hearing. Without a transcript, this court cannot provide meaningful appellate review of Knight’s claims imputing error in the trial court’s factual determinations or in the trial court’s exercise of its discretion. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding: “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
3 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.”); see also Alvarado v. Dep’t of Revenue ex rel. Alvarado, 194 So. 3d 544, 545 n.2 (Fla. 3d DCA 2016). Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw