DAKOTA SMITH
v.
TIM HOLST, ET AL.
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An appellate court cannot reverse a trial court's judgment without a record of the trial proceedings to resolve factual issues and assess whether the trial court misapplied the law.
[1] An appellate court cannot properly review a trial court's judgment without a record of the trial proceedings, as such a record is necessary to resolve factual issues and…
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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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”
Court's rationale for affirming, citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
Dakota Smith appealed a non-final order from the Circuit Court for Miami-Dade County. The appellant did not provide a record of the trial proceedings.…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal State of Florida
Opinion filed September 3, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0003 Lower Tribunal No. 24-11238-CA-01 ________________
Dakota Smith, Appellant,
vs.
Tim Holst, et al., Appellees.
An Appeal from a non-final order the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.
Dakota Smith, in proper person.
Weinbaum P.A., Lane Weinbaum (Coral Springs), and George William Wickhorst, for appellees.
Before LOGUE, MILLER, and BOKOR, 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 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.”).