HARRIS v. WALKER (2021)

District Court of Appeal of Florida, Third District.

Quanisha HARRIS, Appellant, v. Carolyn WALKER, etc., Appellee.

No. 3D20-30

Decided: April 14, 2021

Before LOGUE, SCALES, and LOBREE, JJ.

Peter A. Cohen, P.A., and Peter A. Cohen; Wasson & Associates, Chartered, and Roy D. Wasson, for appellant. Marva L. Wiley, for appellee.

“The lower court's ultimate factual determinations during a non-jury trial may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence or to constitute an abuse of discretion.” Mia. Real Estate Inv., LLC v. Beini Xu, 252 So. 3d 292, 293 (Fla. 3d DCA 2018). Additionally, without a transcript, and in the absence of fundamental error on its face, an appellate court must affirm a trial court's decision. 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.”).

Affirmed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

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.

Explore the Network