Learn About the Law
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.
Jerry D. ROBBINS and Lori H. Robbins, Appellants, v. DEUTSCHE BANK NATIONAL TRUST, ETC., et al., Appellees.
AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) (holding that lack of a transcript is fatal to arguments on appeal which are based on the evidence at trial); Taylor v. Bateman, 927 So.2d 1024, 1026 (Fla. 4th DCA 2006) (“The piecemeal transcripts deprived this court of the ability to review the record as a whole. Such record omissions are fatal to an appeal.”); see also Bank of N.Y. Mellon v. Milford, 206 So.3d 137, 137–38 (Fla. 4th DCA 2016) (“Here, the bank filed a copy of the note indorsed in blank with its complaint. Later at trial, through the testimony of the custodian of records for the loan servicer, the bank entered the original note into evidence. This created an inference that the bank was in possession of the note at the time it filed its complaint. Without any evidence to the contrary, this was sufficient to establish standing.” (citing Ortiz v. PNC Bank, Nat' Ass'n, 188 So.3d 923, 925 (Fla. 4th DCA 2016) ) ); Labor Ready Se. Inc. v. Australian Warehouses Condo. Ass'n, 962 So.2d 1053, 1055–56 (Fla. 4th DCA 2007) (“[R]eversal is not required in every case where there has not been strict compliance with rule 1.440. Rather, depending upon the circumstances, the mandatory provision of the rule may be waived.” (alteration in original) (citation omitted) ).
PER CURIAM.
PALMER, TORPY AND EISNAUGLE, JJ., concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: Case No. 5D15–3789
Decided: March 29, 2018
Court: District Court of Appeal of Florida, Fifth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
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.
Search our directory by legal issue
Enter information in one or both fields (Required)