SERGEY ZIMIN
v.
ALL IN ONE PERMITS, LLC
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An appellant's failure to provide a record of trial proceedings and to include supporting authorities in the appellate brief results in affirmance of the trial court's judgment.
[1] An appellate court may affirm a trial court judgment when the appellant fails to provide a record of trial proceedings, as such omission prevents meaningful appellate rev…
[2] Omission of points, positions, facts, and supporting authorities from an appellate brief constitutes waiver, abandonment, or deemed unworthiness of such arguments.
Previewing 2 of 2 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“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 appellate review is impossible without an adequate record
Sergey Zimin appealed a judgment from Miami-Dade County Court. The record does not indicate the underlying substantive dispute.…
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 October 8, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1087 Lower Tribunal No. 24-107404-SP-23 ________________
Sergey Zimin, Appellant,
vs.
All In One Permits, LLC, Appellee.
An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, Judge.
Sergey Zimin, in proper person.
Bello & Martinez, PLLC, and Joel A. Bello, for appellee.
Before LOGUE, LINDSEY 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 laws as to require reversal.”); Doe v. Baptist Primary Care, Inc., 177 So. 3d 669, 673 (Fla. 1st DCA 2015) (“When points, positions, facts and supporting authorities are omitted from the brief, a court is entitled to believe that such are waived, abandoned, or deemed by counsel to be unworthy.” (quoting Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958, 960 (Fla. 4th DCA 1983))).
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Citator
Authorities Cited
- Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958 (Fla. 4th DCA 1983)