GODWIN
v.
MCKAMEY
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An appellant must provide a complete trial record and affirmatively demonstrate reversible error to overturn a trial court's judgment.
[1] An appellant challenging a trial court judgment must provide a complete record of trial proceedings and affirmatively demonstrate reversible error, as an appellate court…
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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 statement regarding the requirement for an adequate trial record in appellate review.
John Alex Godwin appealed a judgment entered by the Circuit Court for Escambia County in a case against Heather McKamey.…
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March 13, 2024 PER CURIAM.
Because the appellant has failed to meet his burden to demonstrate reversible error, we affirm. 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.”).
AFFIRMED.
LEWIS, RAY, and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.