Diane Scott v. Robert Broughton

• Court: District Court of Appeal of Florida
• Decided: March 19, 2025
• Docket: 3D2024-1635
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 19, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-1635 Lower Tribunal No. 2022-SC-114-M ________________

Diane Scott, Appellant,

vs.

Robert Broughton, Appellee.

An Appeal from the Circuit Court for Monroe County, James W. Morgan III, Judge.

Diane Scott, in proper person.

No appearance for appellee.

Before LINDSEY, MILLER, and GORDO, JJ.

PER CURIAM. Diane Scott appeals a final judgment entered after a bench trial in

Scott’s defamation action. Because Scott has failed to provide a transcript

of the bench trial or statement of the evidence or proceedings upon which

the final judgment was based, we must affirm. See Applegate v. Barnett

Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979) (“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.”); Gaspard v.

Innocent, 389 So. 3d 638 (Fla. 3d DCA 2023) (holding that affirmance is

required where there is no transcript or proper substitute and no fundamental

error on the face of the order appealed).

Affirmed.