Marvin Conley v. Zarren Gordon

Summary

The Florida Third District Court of Appeal affirmed the trial court's decision in an appeal by Marvin Conley. The court held that issues were waived because they were not timely preserved in the trial court and that the absence of a transcript prevented meaningful review of alleged factual or discretionary errors.

Holdings

1. A party waives appellate review of an alleged error concerning the trial setting when the party appears and participates at trial without timely making a specific objection in the trial court.
2. An appellate court cannot provide meaningful review of claims alleging error in the trial court's factual determinations or exercise of discretion when the record lacks a transcript necessary to evaluate those claims.

Questions Presented

1. Whether Conley preserved for appellate review his challenge to the manner in which the case was set for trial under Florida Rule of Civil Procedure 1.440(c).
2. Whether the appellate court could meaningfully review alleged errors in the trial court's factual determinations or discretionary rulings without a transcript.

Disposition

affirmed