Lagares v. Lagares — Affirmed for lack of adequate appellate record

Case
Brenda Lagares and Maria Luz Vargas v. Janette Lagares
Court
Florida Sixth District Court of Appeal
Judge
STARGEL (Ron DeSantis, 2023); NARDELLA (Ron DeSantis, 2023)
Date Decided
June 19, 2026
Docket No.
6D2025-1574
Topics
Appellate procedure, Record preservation, Standards of review
Source
Read the full opinion

Background

Brenda Lagares and Maria Luz Vargas appealed a judgment from the Circuit Court for Osceola County. The appellants sought to challenge the trial court’s decision but failed to provide an adequate record of the trial proceedings for appellate review.

The Court’s Holding

The Sixth District Court of Appeal affirmed the lower court’s judgment. Applying the principle established in Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979), the court held that without a complete record of the trial proceedings, an appellate court cannot properly resolve the underlying factual issues or conclude that the trial court’s judgment is unsupported by the evidence or by an alternative legal theory.

Key Takeaways

  • Appellants bear the burden of creating a sufficient record for appellate review
  • Without trial proceedings documentation, appellate courts cannot review factual findings for error
  • Deficient records result in affirmance of the trial court judgment

Why It Matters

This decision reinforces the critical importance of record preservation in trial court. Parties seeking appellate review must ensure that trial proceedings are properly documented; failure to do so forecloses meaningful appellate scrutiny of factual determinations and often results in automatic affirmance regardless of potential trial court error.

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