KEY BISCAYNE SURGERY CENTER LLC v. BARCLAY (2021)

Petitioner seeks certiorari relief from the trial court's order overruling certain objections to production of documents. Petitioner claims that the trial court's overruling of such objections resulted from a misunderstanding and misapplication of article X, section 25(a), of the Florida Constitution (also known as “Amendment 7”). However, the Appendix is bereft of either a transcript of the proceedings below, or any motion, response, or other filing with the trial court in which these arguments were clearly presented. The Court is left without a transcript or any alternative basis to conclude that these arguments were raised to the trial court, or that the trial court based its ruling on these grounds and not on alternative grounds. Accordingly, the Petition for Writ of Certiorari is hereby denied. See, e.g., 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.”).

HENDON, LOBREE and BOKOR, JJ., concur.