Justin Robert Muoio v. Jessica Lynn Safinya

Summary

The Third District Court of Appeal of Florida affirmed a non-final order denying Justin Robert Muoio’s motion to dissolve a domestic violence injunction. The court held that it was compelled to affirm because the appellant failed to provide an appendix or transcript sufficient to review the alleged error.

Holdings

1. When an appellant fails to provide an adequate record, including pertinent record materials or a transcript necessary to evaluate the alleged error, the appellate court cannot properly resolve the underlying factual issues and must affirm the lower court's order.

Questions Presented

1. Whether the circuit court's non-final order denying the motion to dissolve the domestic violence injunction should be reversed when the appellant failed to provide an appendix or hearing transcript sufficient to review the alleged error.

Disposition

affirmed