WANCITO FRANCIUS
v.
CARLOS AUTO RENTAL SERVICES, INC.
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A trial court's judgment is affirmed when the appellant fails to provide a trial transcript, preventing meaningful appellate review of the evidence.
[1] Without a trial transcript, an appellant cannot demonstrate error to an appellate court and the trial court's judgment will be affirmed under the presumption of correctne…
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Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”
Court citing Applegate v. Barnett Bank of Tallahassee to explain the standard for appellate review
The trial court held a non-jury trial and entered judgment in favor of the plaintiffs (appellees) for $25,000, finding that a payment was a loan and t…
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PER CURIAM.
After a non-jury trial was held, the trial court entered judgment in favor of the Appellees (Plaintiffs below) in the amount of $25,000.00, finding that, based on the greater weight of the evidence, the payment was a loan and that the Appellants (Defendants below) failed to repay the loan as agreed between the parties. There is no transcript of the non-jury trial. As such, we are constrained to affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”); Horatio Enters., Inc. v. Rabin, 614 So. 2d 555, 556 (Fla. 3d DCA 1993) (“The rulings of a trial court arrive in appellate courts with the presumption of correctness and appellate courts must interpret the evidence in a manner most favorable to sustain the trial court's rulings.”); Hernandez v. Vidal, 354 So. 3d 632, 633 (Fla. 3d DCA 2023) (“The findings of a trial court come to an appellate court clothed with a presumption of correctness.”).
Affirmed.
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