ALBEAR
v.
HILLMAN-WALLER
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Ihosvanny Albear appealed a final judgment entered after a bench trial, but appellees moved to dismiss on the ground that without a trial transcript, Albear cannot demonstrate error. The court affirmed the dismissal, holding that without a record of the trial proceedings, an appellate court cannot properly review factual findings or determine whether the trial court erred.
The court affirmed the dismissal because without a trial transcript, the appellate court cannot properly review the trial court's factual findings or determine whether the judgment is supported by the evidence or legally erroneous. The appellant bears the burden of providing the record necessary to demonstrate error.
[1] When a trial transcript is not provided to the appellate court, the appellant cannot meet the burden of demonstrating error, and the appellate court must affirm the trial…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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 explained the necessity of a trial transcript for appellate review in cases involving factual determinations.
Albear appealed a final judgment following a bench trial involving disputes with Louis M. Hillman-Waller (as curator of Roberto Albear's estate), Adri…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumption Of Correctness Of Trial Court Judgment cases and more on FLexlaw
Opinion filed May 8, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-0130 Lower Tribunal Nos. 16-2762 and 17-4830 ________________ Ihosvanny Albear, Appellant, vs. Louis M. Hillman-Waller, as Curator of the Estate of Roberto Albear, Adriana Ulloa, and Royal Park Enterprises, LLC, Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge. Andrew M. Kassier, P.A., and Andrew M. Kassier, for appellant. Armas Bertran Pieri, and J. Alfredo Armas, for appellee Adriana Ulloa. Before SALTER, LINDSEY, and HENDON, JJ. ON MOTION TO DISMISS
PER CURIAM.
Ihosvanny Albear appeals a final judgment entered following a bench trial. Appellees move to dismiss on the basis that, because there is no transcript of the trial below, Albear cannot meet his burden to show error. We agree and affirm because the 15-page final judgment contains numerous factual findings and there is no record of the trial.1 See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“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.”); see also Cudeiro v. Dep't of Revenue ex rel. Fritz, 99 So. 3d 520, 520 (Fla. 3d DCA 2011) (explaining Starks v. Starks, 423 So. 2d 452, 453-54 (Fla. 1st DCA 1982) as follows: “without a transcript of the hearing, the appellate court is unable to ascertain whether the lower court erred; noting that ‘[t]he appellant retains the burden of overcoming the presumption of correctness attributed to a trial court’s final judgment. Appellant’s burden includes a demonstration of 1 Appellees allege in their motion to dismiss that the parties agreed to try the case without a court reporter “hoping for finality.” error from the record, which he must supply’” (quoting Kauffmann v. Baker, 392 So. 2d 13, 15 (Fla. 4th DCA 1980))).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
King v. Roys Jose Suarez Riera (Fla. 3d DCA 2023)
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Starks v. Starks, 423 So. 2d 452 (Fla. 1st DCA 1982)
- Kauffmann v. Baker, 392 So. 2d 13 (Fla. 4th DCA 1980)
- Cudeiro v. Dep't OF Revenue o/b/o Jennifer Fritz, 99 So. 3d 520 (Fla. 3d DCA 2011)