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Adolf Gaspard, Appellant, v. Fania Innocent, Appellee.
Because Appellant Adolf Gaspard has failed to meet his burden to demonstrate reversible error, and because Gaspard has not demonstrated any fundamental error on the face of the order appealed, we affirm. It is well-established that “[i]n appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error[,]” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979), so the lack of a trial transcript or a proper substitute results in a record that is inadequate to demonstrate reversible error and requires affirmance. Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934-35 (Fla. 3d DCA 2019) (“The absence of a hearing transcript at which the trial court made this decision prevents any meaningful review of whether the trial court abused its discretion in this regard”); Rodriguez v. Lorenzo, 215 So. 3d 631, 632 (Fla. 3d DCA 2017) (“Because the standard of review is abuse of discretion, and the former wife has not provided this Court with a transcript of the relevant proceedings, the former wife has [not] ․ shown an abuse of the trial court's discretion”); Haddad v. Khan, 54 So. 3d 524, 525 (Fla. 3d DCA 2010) (“In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed”) (quoting Mayfield v. Mayfield, 929 So. 2d 671, 672 (Fla. 5th DCA 2006))).
Affirmed.
PER CURIAM.
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Docket No: No. 3D22-2105
Decided: November 29, 2023
Court: District Court of Appeal of Florida, Third District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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