GERTHA CADEAU
v.
SEDANOS SUPERMARKET
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An appellant must provide a complete record of trial proceedings to demonstrate that the trial court's judgment is unsupported by evidence or alternative legal theory.
[1] An appellant's failure to provide a complete record of trial proceedings prevents appellate review of factual sufficiency and precludes reversal of a judgment that carrie…
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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. . . . 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.”
The court cited Applegate v. Barnett Bank of Tallahassee to explain the standard of review and the appellant's burden on appeal.
Gertha Cadeau appealed a judgment from the Circuit Court for Miami-Dade County in a case against Sedanos Supermarket.…
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Third District Court of Appeal
State of Florida
Opinion filed October 29, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1407
Lower Tribunal No. 22-3025-CA-01
Gertha Cadeau,
Appellant,
vs.
Sedanos Supermarket,
Appellee. An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Gertha Cadeau, in proper person. Vernis & Bowling of Broward, P.A., and Carlton A. Bober and Ashley M. Arias (Hollywood), for appellee. Before FERNANDEZ, MILLER and GORDO, JJ. 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.").