ANTHONY POLLOCK
v.
DEPARTMENT OF REVENUE AND LATISHA LAWANDA BROCKINGTON

Fla. 5th DCA | 2020-02-14
No. 19-1664
Cohen, J., Lambert, J., Harris, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

An appellate court cannot properly resolve factual issues or determine whether a judgment is supported by evidence without a complete record of the trial proceedings.


Headnotes

[1] An appellate court cannot properly resolve underlying factual issues or determine whether a judgment is supported by evidence without a complete record of the trial or ad…

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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 . . . judgment is not supported by the evidence or by an alternative theory.”

The court cited Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) as the basis for affirming the judgment.

Facts & Procedural History

Anthony Pollock appealed an administrative decision by the Department of Revenue. The appeal involved Pollock and the Department of Revenue, with Lati…

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ANTHONY POLLOCK,

Appellant,

v. Case No. 5D19-1664

DEPARTMENT OF REVENUE AND

LATISHA LAWANDA BROCKINGTON,

Appellees. ________________________________/

Opinion filed February 14, 2020

Administrative Appeal from the Department of Revenue.

Anthony Pollock, II, South Daytona, pro se.

Ashley Moody, Attorney General, and Toni

C. Bernstein, Assistant Attorney General,

Tallahassee, for Appellee, Department of Revenue. No Appearance for Other Appellee.

PER CURIAM.

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 . . . judgment is not supported by the evidence or by an alternative theory.”). COHEN, LAMBERT, and HARRIS, JJ., concur.


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