GOOSELAKE, LLC
v.
FREDY PELAEZ, ET AL.

Fla. 3d DCA | 2025-10-15
No. 2025-0719
Rodriguez, J., Miller, J., Gordo, J., Bokor, J.
2025 FL 9041 Florida District Court of Appeal, Third District (2025)

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Holding

Without a record of trial proceedings, an appellate court cannot properly resolve factual issues to determine whether the trial court's judgment is supported by evidence or alternative theories.


Headnotes

[1] An appellate court cannot properly review whether a trial court's judgment is supported by evidence or alternative theories without a complete record of the trial proceed…

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Key Quotes

“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.”

The court's rationale for affirming, citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)

Facts & Procedural History

Gooselake, LLC appealed non-final orders from the Circuit Court for Miami-Dade County in a case against Fredy Pelaez and others.…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed October 15, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-0719 Lower Tribunal No. 25-2952-CA-01 ________________

Gooselake, LLC, Appellant,

vs.

Fredy Pelaez, et al., Appellees.

An Appeal from non-final orders from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.

Lorium Law, and Riley W. Cirulnick (Fort Lauderdale), for appellant.

Miguel San Pedro, for appellees.

Before MILLER, GORDO, 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.”).


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