Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Time and time again, we see appellate courts decline to grant relief in an appeal because a party did not provide a transcript of the hearing from the trial court below. The transcript provides a record for the appellate court to review what happened on the trial level. This was an issue in the case Scott v. Broughton, 3D24-1635 (Fla. 3d DCA April 16, 2025).
In this appellate case, the appellant moved for rehearing after her appeal was denied. The appellate court began by noting “This is an error-correcting court. We do not admit or weigh evidence, and our ruling does not mean that we disbelieve Scott or take any position on the merits of her case. Rather, we apply the law to the record provided to us to determine whether a lower tribunal’s ruling was erroneous or properly supported.”
Citing the appellant’s failure to provide a transcript of the proceedings in the trial court, the appellate court held “But without a transcript of that trial provided to us in the record, we cannot determine whether the trial court excluded evidence for a proper reason or whether [the trial court[ did so erroneously. In other words, we ‘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.’ Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Accordingly, we must deny the Motion for Rehearing.”
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