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Fla. L. Weekly D789bTop of Form
Fla. L. Weekly D789bTop of Form
Appeals
— Ruling of trial court affirmed where appellate court has not been provided
transcript of trial court proceedings
— Ruling of trial court affirmed where appellate court has not been provided
transcript of trial court proceedings
RUBEN
ECHEVERRY, Appellant, vs. CHRISTIANA TRUST, etc., Appellee. 3rd District. Case
No. 3D16-403. L.T. Case No. 13-17036. Opinion filed April 5, 2017. An Appeal
from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Counsel:
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellant. Burr & Forman LLP, and Jacqueline Simms-Petredis (Tampa) and
Gennifer L. Bridges (Orlando), for appellee.
ECHEVERRY, Appellant, vs. CHRISTIANA TRUST, etc., Appellee. 3rd District. Case
No. 3D16-403. L.T. Case No. 13-17036. Opinion filed April 5, 2017. An Appeal
from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Counsel:
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellant. Burr & Forman LLP, and Jacqueline Simms-Petredis (Tampa) and
Gennifer L. Bridges (Orlando), for appellee.
(Before
FERNANDEZ, LOGUE, and SCALES, JJ.)
FERNANDEZ, LOGUE, and SCALES, JJ.)
(LOGUE,
J.) The appellant seeks review of the trial court’s Second Amended Final
Judgment in favor of the appellee and raises issues involving evidentiary and
factual disputes. However, there is no transcript of the proceedings. As such,
we must affirm. 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.”); Shojaie v. Gables Court Prof’l Ctr., Inc.,
974 So. 2d 1140, 1142 (Fla. 3d DCA 2008) (noting that without a transcript of
the trial proceedings, “we are unable to evaluate the evidence and testimony
presented at trial to ascertain whether or not the trial court’s findings and
reasoning . . . were well-founded”); Gleim v. Gleim, 176 So. 2d 610, 611
(Fla. 3d DCA 1965) (“It is the responsibility and duty of the appellant to
provide the appellate court with a record sufficient to review the matter
assigned . . . .”).
J.) The appellant seeks review of the trial court’s Second Amended Final
Judgment in favor of the appellee and raises issues involving evidentiary and
factual disputes. However, there is no transcript of the proceedings. As such,
we must affirm. 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.”); Shojaie v. Gables Court Prof’l Ctr., Inc.,
974 So. 2d 1140, 1142 (Fla. 3d DCA 2008) (noting that without a transcript of
the trial proceedings, “we are unable to evaluate the evidence and testimony
presented at trial to ascertain whether or not the trial court’s findings and
reasoning . . . were well-founded”); Gleim v. Gleim, 176 So. 2d 610, 611
(Fla. 3d DCA 1965) (“It is the responsibility and duty of the appellant to
provide the appellate court with a record sufficient to review the matter
assigned . . . .”).
Affirmed.
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