VIVIAN AVRAHAMI
v.
RENAN AVRAHAMI
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The trial court's judgment is presumed correct, and the appellant bears the burden of demonstrating error through a complete record of trial proceedings.
[1] An appellant bears the burden of demonstrating error in a trial court's judgment, and without a complete record of trial proceedings, an appellate court cannot properly r…
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Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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's statement of the standard for appellate review and the consequences of an incomplete trial record
Vivian Avrahami appealed a judgment from the Circuit Court for Miami-Dade County in a family law case against Renan Avrahami. The appeal lacked a comp…
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Third District Court of Appeal State of Florida
Opinion filed February 4, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-0359 Lower Tribunal No. 22-10865-FC-04
Vivian Avrahami, Appellant, vs. Renan Avrahami, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marlene Fernandez-Karavetsos, Judge.
Echeverri Law Group, P.A., and Christina I. Echeverri (Hollywood), for appellant.
Sandy T. Fox P.A., and Sandy T. Fox, for appellee.
Before SCALES, C.J., and FERNANDEZ and MILLER, JJ.
PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d
1150 (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. . . . When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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.”).
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