MARY J. GORDON-DURANT
v.
DELANDRAS R. DURANT

Fla. 5th DCA | 2025-11-18
No. 2024-2439
Briggs, J., Jay, C.J., Harris, J., MacIver, J.
2025 FL 10815 Florida District Court of Appeal, Fifth District (2025)

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Holding

A trial court's judgment is presumed correct on appeal, and without a trial transcript, appellate review is limited to apparent errors of law on the face of the judgment.


Headnotes

[1] On appellate review without a trial transcript, review is limited to errors of law apparent on the face of the judgment, and the trial court's judgment carries a presumpt…

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Key Quotes

“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . 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

This is a family law case (case number 2023-DR-000592) involving Mary J. Gordon-Durant and Delandras R. Durant. The trial court entered a judgment tha…

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Opinion of the Court
Mary

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-2439 L.T. Case No. 2023-DR-000592 _____________________________

MARY J. GORDON-DURANT,

Appellant,

v.

DELANDRAS R. DURANT,

Appellee. _____________________________

On appeal from the Circuit Court for Lake County, Dan F. Briggs, Judge.

Kene H. Anusionwu, Windermere, for Appellant.

Scott A. Livingston, Livingston Litigation, PLLC, Winter Springs, for Appellee.

November 18, 2025

PER CURIAM.

AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . 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.”); Fortune v. Pantin, 851 So. 2d 274, 275 (Fla.

2 5th DCA 2003) (explaining that appellate review in the absence of a trial transcript is “limited to errors of law that are apparent on the face of the judgment”).

JAY, C.J., and HARRIS and MACIVER, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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