ARISTIZABAL
v.
DEPARTMENT OF REVENUE
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When an appellant fails to provide a complete record of trial proceedings or demonstrate how the administrative decision is unsupported by evidence or contrary to law, the appellate court must affirm.
[1] An appellant challenging an administrative decision bears the burden of demonstrating reversible error, which cannot be met without providing a sufficient record of proce…
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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.”
Applying the standard from Applegate v. Barnett Bank of Tallahassee to the appellant's burden on appeal
Cynthia Aristizabal appealed a decision by the Department of Revenue Child Support Program made by Administrative Law Judge Brittany O. Finkbeiner.…
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April 3, 2024 PER CURIAM.
Because the appellant has failed to meet her 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.
OSTERHAUS, C.J., and RAY and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.