Summary
The Florida Third District Court of Appeal affirmed the trial court’s findings after a nonjury trial. Because the appellant did not provide a transcript of the evidentiary hearing, the appellate court could not evaluate the evidence or the trial court’s reasoning.
Court
Third District Court of Appeal of Florida
Writing for the Court
Logue; Bokor; Gooden
Jurisdiction
Florida Third District Court of Appeal
Decision date
February 25, 2026
Docket number
No. 3D25-613
Procedural posture
Appeal from the County Court for Miami-Dade County following a nonjury trial on the merits.
Standard of review
The appellate court could not evaluate the evidentiary basis for the trial court's findings without a transcript and therefore affirmed under the constrained appellate-review rule applicable to transcriptless appeals.
Precedential value
Published opinion
Parties
Alexander Hartelust v. Thomas Schwartz
Disposition
affirmed
Topics
appellate procedureevidencestandard of review
Practice areas
Appellate procedureCivil procedureEvidence
Questions Presented
- Whether the appellate court could review the trial court's findings of fact after a nonjury trial when the appellant failed to provide a transcript of the evidentiary hearing.
Holdings
- When an appellant challenges factual findings made after a nonjury trial but provides no transcript of the evidentiary hearing, the appellate court cannot evaluate the evidence and testimony supporting the findings and is constrained to affirm.
Key quotations
“In the absence of a transcript, “we are unable to evaluate the evidence and testimony presented at trial to ascertain whether or not the trial court’s findings and reasoning . . . were well-founded.”” (at 2)
“In these circumstances, we are constrained to affirm.” (at 2)
Factual background
The appeal challenged factual findings made by the county court after a nonjury trial on the merits. The appellant did not provide a transcript of the evidentiary hearing, preventing review of the evidence and testimony supporting those findings.
Procedural history
The county court entered findings of fact after a nonjury trial. Alexander Hartelust appealed those findings but did not provide a transcript of the evidentiary hearing, and the Third District Court of Appeal affirmed.
Court Document
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