RICHARD NAMON, JR.
v.
BARBARA NAMON
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An appellant's failure to provide an adequate record, including testimony or a statement of the record, requires affirmance of a judgment that is not fundamentally erroneous on its face.
[1] An appellant's burden on appeal of a summary judgment includes presenting an adequate record demonstrating both the evidence presented at trial and which arguments were p…
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Join FLexlaw to unlock all legal intelligence“Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed.”
Court's application of controlling precedent from Zarate v. Deutsche Bank Nat'l Tr. Co.
Richard Namon, Jr. appealed a circuit court judgment in Miami-Dade County in what appears to be a family law matter against Barbara Namon. The appeal …
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PER CURIAM.
Affirmed. See Zarate v. Deutsche Bank Nat’l Tr. Co. as Tr., 81 So. 3d 556, 558 (Fla. 3d DCA 2012) (“Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed.”); Johnson v. Deutsche Bank Nat’l Tr. Co. Americas, 248 So. 3d 1205, 1211 (Fla. 2d DCA 2018) (“[P]resenting an adequate record—one that demonstrates not only what evidence was presented below but also which arguments were preserved—remains the appellant’s burden in an appeal of a summary judgment.”); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“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.”); Kohn v. City of Miami Beach, 611 So. 2d 538, 539 (Fla. 3d DCA 1992) (“We conclude that it is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Johnson v. Deutsche Bank Tr. Co., 248 So. 3d 1205 (Fla. 2d DCA 2018)
- Kohn v. City OF Miami Beach, 611 So. 2d 538 (Fla. 3d DCA 1992)