RICARDO FERREIRA
v.
MTGLQ INVESTORS, L.P.
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Ricardo Ferreira appealed a circuit court judgment in a mortgage-related dispute against MTGLQ Investors, L.P. The Third District Court of Appeal affirmed the lower court's judgment because the appellate record lacked a trial transcript or adequate statement of facts, preventing meaningful appellate review.
The appellate court affirmed the lower court's judgment because without a record of trial proceedings, testimony of witnesses, or evidentiary rulings, a judgment that is not fundamentally erroneous on its face must be affirmed.
[1] An appellate court must affirm a trial court judgment that is not facially erroneous when the appellate record lacks a transcript of trial proceedings and no statement of…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the requirement for a complete trial record to review factual determinations on appeal
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Join FLexlaw to unlock all legal intelligenceRicardo Ferreira appealed a judgment entered by the Circuit Court for Miami-Dade County in case number 19-31683-CA-01 against MTGLQ Investors, L.P. Th…
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PER CURIAM.
Affirmed. See 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.”); Zarate v. Deutsche Bank Nat’l Tr. Co., 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), a judgment which is not fundamentally erroneous on its face must be affirmed.”).
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Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Zarate v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 556 (Fla. 3d DCA 2012)