Burden Of Demonstrating Reversible Error

23 Florida cases classified under this topic · sorted by citation count · browse and sort

• Wilton James Langston v. State
  789 So. 2d 1024· Fla. 1st DCA· 2001-04-20 ·cited 42×
  Wilton Langston was convicted of escape and resisting an officer with violence after a confrontation with a deputy sheriff during spring break. The First District Court of Appeal reversed the resisting conviction, holding that the trial court reversibly erred by refusing to instr
• Pape v. Pape
  444 So. 2d 1058· Fla. 1st DCA· 1984-01-24 ·cited 38×
  A natural parent has a fundamental right to custody of his or her child that may not be denied absent a determination that the parent is unfit or unqualified, or that the child's welfare requires denial of the father's custody claim. The mere fact of temporary physical possession
• Davis v. State
  153 So. 3d 399· Fla. 1st DCA· 2014-12-18 ·cited 15×
  The appellate court affirmed the denial of postconviction relief because the appellant failed to demonstrate reversible error and did not challenge the trial court's findings or reasoning.
• Fenner v. Fenner
  599 So. 2d 1343· Fla. 4th DCA· 1992-05-13 ·cited 14×
  In this consolidated divorce appeal, the Florida Fourth District Court of Appeal addressed disputes over asset distribution, alimony, child support, attorney's fees, and tax dependency exemptions following a 21-year marriage dissolution. The court largely affirmed the original ju
• Evaristo "Ever" Marina v. Leahy
  578 So. 2d 382· Fla. 3d DCA· 1991-04-12 ·cited 12×
  Evaristo Marina challenged his removal from the ballot for Sweetwater mayoral election based on alleged failure to meet a six-month residency requirement. The court affirmed the trial court's decision, holding that reasonable residency requirements are valid qualifications for ca
• Dent v. State
  432 So. 2d 163· Fla. 4th DCA· 1983-05-11 ·cited 12×
  Joyce Dent appealed a restitution order requiring her to repay $1,143.42 for unauthorized credit card charges, arguing the amount exceeded what she was charged with obtaining. The court affirmed, finding that full restitution for all losses was a condition of her plea bargain agr
• Percznski v. State
  366 So. 2d 863· Fla. 4th DCA· 1979-01-31 ·cited 8×
  Robert Percznski appealed his burglary conviction, challenging the trial court's denial of his oral motion for a continuance made one day before trial. The Fourth District Court of Appeal affirmed the conviction, holding that appellant failed to comply with procedural requirement
• Strickland v. Jacobs
  235 So. 2d 747· Fla. 1st DCA· 1970-05-28 ·cited 6×
  The appellate court affirmed the trial court's order modifying child custody, holding that the order comes with a presumption of correctness, especially in the absence of a complete record of the evidence.
• Raymond J. Heredia et ux. v. Indus. Supplies, Inc.
  265 So. 2d 709· Fla. 3d DCA· 1972-08-22 ·cited 4×
  The court held that the record contained substantial competent evidence to sustain the judgment granting specific performance of the option provision.
• Pantoja v. Francis
  431 So. 3d 593· Fla. 3d DCA· 2026-03-18 ·cited 2×
  Noel Pantoja appeals the denial of his motion to dissolve a permanent injunction for protection against repeat violence issued in favor of Bethany Francis. The Third District Court of Appeal affirmed, holding that without a hearing transcript, Pantoja failed to meet his burden of
• Helvy Rojas v. Ada Isis Pelaez Otero
  399 So. 3d 1160· Fla. 3d DCA· 2024-11-13 ·cited 1×
  Former Husband appeals a Final Judgment of Dissolution of Marriage challenging the distribution of marital assets, including real property and bank accounts. The Third District Court of Appeals affirmed the trial court's factual findings regarding alimony and property classificat
• Mousa Alzirghani v. Shaimaa Algabah
  328 So. 3d 398· Fla. 1st DCA· 2021-11-24 ·cited 1×
  The appellate court affirmed a final judgment of dissolution because the appellant failed to provide a sufficient record and did not preserve his arguments for appeal. The court emphasized the presumption of correctness afforded to trial court judgments.
• United States Fid. & Guar. Co. v. Flynn
  245 So. 2d 281· Fla. 3d DCA· 1971-03-09 ·cited 1×
  The court affirmed judgment for the insured on a homeowner's insurance burglary claim, rejecting the insurer's challenges to summary judgment, evidentiary rulings, and attorney fees.
• Crockett v. SCG Atlas Aventura, LLC
  Fla. 3d DCA· 2025-02-19
  An appellant's failure to provide a hearing transcript or proper substitute prevents appellate review and requires affirmance.
• Brendan Forbes, Inc. v. Megnutt Enters., Inc.
  Fla. 3d DCA· 2025-01-22
  Error not raised in the trial court is generally not preserved for appellate review, and it is the appellant's burden to present record evidence demonstrating reversible error.
• Shetevia Spikes v. Cottage Cove Owner, LLC
  Fla. 3d DCA· 2024-09-18
  An appellant challenging an administrative law judge's decision must provide transcripts of the administrative proceedings to demonstrate error; without them, the administrative decision stands with its presumption of correctness.
• Aristizabal v. Dep't of Revenue
  Fla. 1st DCA· 2024-04-03
  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.
• Thurman v. Davis
  Fla. 1st DCA· 2021-05-24
  The appellate court affirmed the trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized the appellant's failure to provide a proper trial transcript, which prevented review of factual issues.
• Water Bridge 5 Ass'n, Inc. v. Davis
  237 So. 3d 1036· Fla. 4th DCA· 2018-02-14
  An award of attorney's fees in an amount inconsistent with predicate findings regarding the reasonable number of hours expended or reasonable hourly rate is reversible error. A trial court's award of costs cannot be reviewed for abuse of discretion without a transcript of the hea
• Lowery v. Carney
  193 So. 3d 1014· Fla. 1st DCA· 2016-06-03
  The appellate court affirmed the trial court's custody order and denial of the motion to set aside, finding the mother failed to provide an adequate record to demonstrate reversible error regarding notice of the hearing.
• Progressive Ins. v. Emergency Physicians
  9th Cir. Ct. App. Div.· 2015-07-05
  Progressive Insurance appeals a summary judgment ruling that required it to pay an emergency physician provider's insurance claim outside of the policy's deductible. The appellate court affirmed, holding that Florida's statutory scheme protecting priority emergency providers from
• Mead v. Mead
  726 So. 2d 865· Fla. 1st DCA· 1999-03-05
  The appellate court affirmed the trial court's awards of alimony and retirement funds but reversed and remanded decisions on child support and debt allocation due to insufficient findings. The lack of a hearing transcript prevented a full review of the husband's claims.
• Voll v. Voll
  153 So. 2d 861· Fla. 1st DCA· 1963-06-04
  A husband appeals a divorce decree and settlement agreement, arguing the complaint failed to state a cause of action and that procedural errors occurred. The appellate court affirmed the divorce, finding that despite technical deficiencies in pleading and proof, the husband's par