ULUS JORDEN
v.
SHANNA NASEERY
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An appellate court cannot properly resolve factual issues or conclude that a trial court's judgment is unsupported by evidence without a complete record of the proceedings.
[1] An appellant who fails to provide a complete record of trial court proceedings, including hearing transcripts, cannot demonstrate error on appeal and the trial court's or…
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Join FLexlaw to unlock all legal intelligence“Without a record of the . . . 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 cited Applegate v. Barnett Bank of Tallahassee to establish the standard for appellate review when the record is incomplete.
Ulus Jorden appealed a non-final order from the Circuit Court for Miami-Dade County. The record was incomplete, lacking transcripts of the underlying …
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Third District Court of Appeal
State of Florida
Opinion filed October 22, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-2459
Lower Tribunal No. 23-6977-FC-04
Ulus Jorden, Appellant,
vs.
Shanna Naseery, Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Angelica D. Zayas, Judge.
Ulus Jorden, in proper person.
Law Offices of Brenda Gitchev Guerrero PLLC, and Brenda Gitchev Guerrero, for appellee.
Before MILLER, GORDO, and BOKOR, JJ.
PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the . . . 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."); see also Arthur v. Gibson, 654 So. 2d 983, 984 (Fla. 5th DCA 1995) (denying certiorari relief from an order denying appellant's motion to disqualify counsel where, in the absence of a transcript, appellant failed to demonstrate error and, therefore, the reviewing court "presume[d] the correctness of the trial court's ruling”); Estright v. Bay Point Improvement Ass’n, Inc., 921 So. 2d 810, 811 (Fla. 1st DCA 2006) (presuming the “correctness” of the trial court's order granting a motion to disqualify counsel where appellant did not contest appellee's prima facie allegations and failed to provide the reviewing court with a hearing transcript).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arthur v. Gibson, 654 So. 2d 983 (Fla. 5th DCA 1995)
- Estright v. BAY Point Improvement Ass'n, Inc., 921 So. 2d 810 (Fla. 1st DCA 2006)