DANILO MARTORANO
v.
BARBARA ALFANO

Fla. 6th DCA | 2026-09-25
No. 2025-1032
McCarthy, J., Stargel, J., Wozniak, J., Brownlee, J.
2026 FL 12624 Florida District Court of Appeal, Sixth District (2026)

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Holding

When an appellant fails to provide a proper record to the reviewing court, the trial court's judgment is presumed correct and will be affirmed unless it is fundamentally erroneous.


Headnotes

[1] An appellant's failure to provide a proper record to the appellate court is fatal to the appellant's claims, and a trial court judgment that is not fundamentally erroneou…

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Key Quotes

“The appellant has the burden of providing a proper record to the reviewing court, and the failure to do so is 'usually fatal' to the appellant's claims.”

Court citing Esaw v. Esaw and Casella v. Casella regarding the burden on appellants to provide adequate records.

Facts & Procedural History

This is a family law matter (case number indicates domestic relations) between Danilo Martorano and Barbara Alfano. The trial court entered a judgment…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-1032 Lower Tribunal No. 2020-DR-007654-O

DANILO MARTORANO, Appellant,

V.

BARBARA ALFANO, Appellee.

Appeal from the Circuit Court for Orange County. Craig A. McCarthy, Judge.

September 25, 2026

PER CURIAM.

AFFIRMED. See Esaw v. Esaw, 965 So. 2d 1261, 1264 (Fla. 2d DCA 2007) (quoting Casella v. Casella, 569 So. 2d 848, 849 (Fla. 4th DCA 1990) (“The appellant has the burden of providing a proper record to the reviewing court, and the failure to do so is 'usually fatal' to the appellant's claims.")); Engesser v. Engesser, 42 So. 3d 249, 250 (Fla. 5th DCA 2010) (citing Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla. 1979) (“A trial court's ruling is presumed correct, and when no

transcript is provided, a judgment that is not fundamentally erroneous will be affirmed.")).

STARGEL, WOZNIAK and BROWNLEE, JJ., concur.

Lisa R. Patten, of Patten Law Firm, LLC, Orlando, for Appellant.

Carol B. Shannin and Nicholas A. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF FILED

2


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