Background
Andrea Turner, proceeding pro se, appealed from a County Court for Hardee County matter involving Noel Santiago and One Nok Properties, LLC. The Sixth District Court of Appeal’s brief opinion does not describe the underlying dispute or the specific ruling Turner challenged.
The appellate record did not include a transcript of the proceedings below. Appellees made no appearance in the appeal.
The Court’s Holding
The Sixth District affirmed. It held that the trial court’s decision was presumed correct because Turner, as appellant, had the burden to demonstrate error.
Without a transcript, the court could not evaluate the evidence supporting the trial court’s factual findings or assess the sufficiency of that evidence. The court therefore presumed the findings were correct and supported by evidence.
Key Takeaways
- An appellant bears the burden of providing a record that demonstrates reversible error.
- Without a transcript, an appellate court generally cannot review evidentiary sufficiency or factual findings.
- When the record is inadequate for review, the trial court’s factual findings are presumed correct.
Why It Matters
The decision underscores a recurring appellate-practice requirement: parties challenging fact-dependent rulings must ensure the appellate record includes the relevant transcript. A court will not infer error from an incomplete record.
For pro se and represented litigants alike, the absence of a transcript can be dispositive when the appeal turns on what evidence the trial court received or how it resolved factual issues.