STACIE WEISMAN
v.
DALBA G. NUNEZ
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An appellate court cannot reverse a trial court judgment without a record of the trial proceedings to evaluate whether the judgment is supported by evidence or whether the trial court misapplied the law.
[1] An appellate court cannot properly evaluate whether a trial court judgment is supported by evidence or whether the trial court misapplied the law without a complete recor…
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Join FLexlaw to unlock all legal intelligence“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 citing Applegate v. Barnett Bank of Tallahassee to explain why appellate review is impossible without trial records.
Stacie Weisman appealed a judgment from the County Court for Palm Beach County in what appears to be a civil matter.…
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Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Marni A. Bryson, Judge; L.T. Case Nos. 502019AP000209CAXXMB and 502019SC014195XXXXSB.
Leonard S. Feuer of Leonard Feuer, P.A., West Palm Beach, for appellant.
Murray Hudson of Murray Hudson, LLC, Boca Raton, for appellee. PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding that “[w]ithout 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,” and “[w]ithout knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal”). CIKLIN, GERBER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.