ALINER J. HARRIS
v.
HGA-LAND HOLDINGS, LLC
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.
Harris appealed the trial court's entry of final summary judgment quieting title and partitioning property. The appellate court affirmed the judgment, finding that Harris failed to provide an adequate record for review, including the hearing transcript and any opposition to the summary judgment motion.
The court affirmed the trial court's entry of final summary judgment, holding that the appellant's failure to provide a complete record, including the hearing transcript and any opposition filed below, prevented meaningful appellate review and necessitated affirmance based on the presumption of correctness afforded trial court decisions.
[1] An appellant's failure to provide a hearing transcript or adequate substitute in the appellate record prevents demonstration of reversible error and requires affirmance o…
[2] Pro se litigants, although entitled to procedural latitude, remain subject to the rules of appellate procedure and cannot exempt themselves from requirements such as prov…
Previewing 2 of 2 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“It is the responsibility of the appellant to ensure that a record adequate to permit resolution of the issues raised on appeal is prepared and transmitted to the appellate court.”
Court citing Morgan v. Pake regarding the appellant's duty to create an adequate appellate record
Harris appealed a trial court's decision regarding quieting of title and partitioning of property. The appellate record was incomplete, lacking a tran…
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 Partition Action cases and more on FLexlaw
Aliner J. Harris, in proper person. Tepps Treco and William A. Treco (Plantation), for appellee. Before LINDSEY, MILLER and LOBREE, JJ.
PER CURIAM.
Upon our de novo review, we affirm the trial court’s entry of final summary judgment quieting title and partitioning property pursuant to sections 733.105(3), 64.051, and 64.071, Florida Statutes (2021). The partial record before us lacks a transcript of the hearing and does not reflect the filing of any response or affidavit in opposition to the summary judgment motion below. “It is the responsibility of the appellant to ensure that a record adequate to permit resolution of the issues raised on appeal is prepared and transmitted to the appellate court.” Morgan v. Pake, 611 So. 2d 1315, 1316 (Fla. 1st DCA 1993) (citing Fla. R. App. P. 9.200(e)); see Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (explaining that “[i]n appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error,” so “the lack of a trial transcript or a proper substitute”
results in record that is “inadequate to demonstrate reversible error” and requires affirmance); Butler v. Metropolitan Dade County, 298 So. 2d 552, 552-53 (Fla. 3d DCA 1974) (affirming final summary judgment because material portions of record upon which trial court based its findings were omitted on appeal); see also Kidwell v. Kidwell, 181 So. 3d 1190, 1190 (Fla. 3d DCA 2015) (“Notwithstanding the fundamental principle of allowing pro se litigants procedural latitude, a practice effected to ensure access to the courts for all citizens, pro se litigants are not immune from the rules of procedure.” (quoting Barrett v. City of Margate, 743 So. 2d 1160, 1162 (Fla. 4th DCA 1999))).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Barrett v. City OF Margate, 743 So. 2d 1160 (Fla. 4th DCA 1999)
- Butler v. Metro. Dade Cnty., 298 So. 2d 552 (Fla. 3d DCA 1974)
- Morgan v. Pake, 611 So. 2d 1315 (Fla. 1st DCA 1993)
- Kidwell v. Kidwell, 181 So. 3d 1190 (Fla. 3d DCA 2015)