ANTONIO DEL GIUDICE
v.
NS HANDYMAN COMPANY
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An appellate court cannot properly review a trial court's judgment without a record of the trial proceedings to establish the factual context and legal basis for the decision.
[1] An appellate court cannot properly review whether a trial court's judgment is supported by evidence or whether the trial judge misapplied the law without a record of the…
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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 appellate review is impossible without a trial record
Antonio Del Giudice appealed a judgment from Miami-Dade County Court involving NS Handyman Company. The appeal involved a claim of exemption and reque…
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Third District Court of Appeal State of Florida
Opinion filed September 24, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1991 Lower Tribunal No. 24-45705-SP-05 ________________
Antonio Del Giudice, Appellant,
vs.
NS Handyman Company, Appellee.
An Appeal from the County Court for Miami-Dade County, Maria D. Ortiz, Judge.
Antonio Del Giudice, in proper person.
Eric J. Cvelbar, for appellee.
Before EMAS, GORDO and GOODEN, 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.”); see also § 77.041(3), Fla. Stat. (2024) (“Upon the filing by a defendant of a sworn claim of exemption and request for hearing, a hearing will be held as soon as practicable to determine the validity of the claimed exemptions. If the plaintiff or the plaintiff’s attorney does not file a sworn written statement that answers the defendant’s claim of exemption within 8 business days after hand delivering the claim and request . . . no hearing is required and the clerk must automatically dissolve the writ and notify the parties of the dissolution by mail.”).