LEGAGNEUR
v.
M&J FILM PROD., LLC
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An appellate court cannot reverse a trial court judgment on issues of fact without a complete record of the trial proceedings.
[1] An appellant challenging a trial court judgment on factual grounds must provide a complete record of the trial proceedings to enable the appellate court to resolve factua…
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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's rationale for requiring a complete record on appeal when factual disputes exist.
The appellant sought reversal of a trial court judgment but failed to provide a complete record of the trial proceedings to the appellate court.…
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PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1980) (“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.”).
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