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257 So. 3d 143

Cummings v. Cummings

District Court of Appeal of Florida

Decided October 31, 2018

District Court of Appeal of Florida · decided 2018-10-31

Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee

Decided 2018-10-31

Per Curiam.

¶1Affirmed.SeeApplegate v. Barnett Bank of Tallahassee , 377 So.2d 1150, 1152 (Fla. 1979) ("When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.").

¶2Warner, May and Forst, JJ., concur.

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