Home-Tech Consolidated, Inc. appealed a judgment entered by the County Court for Lee County, presided over by Judge H. Andrew Swett. The appeal involved a dispute with Francisco Cossio, who did not file a responsive brief or participate in the appellate proceedings.
The Florida Sixth District Court of Appeal affirmed the trial court’s judgment. The court applied the longstanding principle from Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979), holding that without a complete record of the trial proceedings, an appellate court cannot properly resolve underlying factual issues or determine whether the trial court’s judgment is supported by the evidence or by an alternative legal theory.
Home-Tech’s failure to provide a complete trial record prevented meaningful appellate review, and the judgment stood.
This decision reinforces fundamental appellate procedure requirements in Florida. Parties appealing must ensure they file a complete and accurate record; procedural failures in preparing the appellate record can result in automatic affirmance regardless of the merits of the underlying dispute.