JORDAN REYES
v.
GEICO GENERAL INSURANCE COMPANY, ETC.
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Without a transcript of the trial court proceedings, an appellate court cannot conclude that a trial court's judgment was unsupported by evidence or misconceived controlling principles of law so as to require reversal.
[1] Where an appellate record lacks a transcript of trial court proceedings, the appellate court cannot conclude that the trial court's judgment was unsupported by evidence o…
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Join FLexlaw to unlock all legal intelligence“while it is true that the absence of a transcript is not necessarily fatal to review of a trial court's decision at a summary judgment hearing, it is not the nature of the hearing, but rather than the nature of the alleged error, which dictates the adequacy of the record on appeal”
Discussion of when a missing transcript may or may not be fatal to appellate review
Jordan Reyes appealed a decision from the County Court for Miami-Dade County in a matter involving GEICO General Insurance Company. The record on appe…
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Jordan Reyes, in proper person. No appearance, for appellee. Before EMAS, MILLER and LOBREE, JJ. PER CURIAM.
Affirmed. See Ft. Trade Fin., Corp. v. Roadway, Inc., 337 So. 3d 428, 428 (Fla. 3d DCA 2022) (“See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934 (Fla. 3d DCA 2019) (‘[W]hile it is true that the absence of a transcript is not necessarily fatal to review of a trial court’s decision at a summary judgment hearing, it is not the nature of the hearing, but rather than the nature of the alleged error, which dictates the adequacy of the record on appeal[.]’).”); Kingdom of Sweden v. Foad, 337 So. 3d 838, 838 (Fla. 3d DCA 2022) (“[Where] Appellants never made [an] argument below, either in response to Appellees’ summary judgment motions and supporting legal memoranda, or in a motion for rehearing . . . . [I]t [is] not preserved.” (citing and quoting Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321, 326 (Fla. 1st DCA 2011))); (stating that absent transcript, appellate court cannot conclude that trial court’s judgment was unsupported by evidence or so misconceived controlling principle of law as to require reversal (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))).
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Reyes v. GEICO Gen. Ins. Co., 337 So. 3d 428 (Fla. 3d DCA 2024)…lee. An Appeal from the County Court for Miami-Dade County, Maria D. Ortiz, Judge. Jordan Reyes, in proper person. No appearance, for appellee. Before EMAS, MILLER and LOBREE, JJ. PER CURIAM. Affirmed. See Ft. Trade Fin., Corp. v. Roadway, Inc., 337 So. 3d 428, 428 (Fla. 3d DCA 2022) (“See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934 (Fla. 3d DCA 2019) (‘[W]hile it is true that the absence of a transcript is not necessarily fatal to review of a trial court’s decision at a summary judgment h…1 / 2
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Trisan v. Naples Ctr. for Dermatology & Cosm. Surgery, P.A. (Fla. 3d DCA 2026)…itled to the benefit of the presuit screening requirements of section 766.106 is whether a defendant is liable under the medical negligence standard of care set forth in section 766.102(1).” (internal citations omitted)); Univ. of Miami v. Bloomer, 337 So. 3d 838, 840 (Fla. 3d DCA 2022) (observing that “a court must look beyond [the] label proffered and 'must apply the law to the well-pleaded allegations and decide the legal issue of whether the complaint sounds in simple or medical negligence." (quoting Dr.…
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321 (Fla. 1st DCA 2011)
- Reyes v. GEICO Gen. Ins. Co., 337 So. 3d 428 (Fla. 3d DCA 2024)