Moises Heras v. Angelica Heras

• Court: District Court of Appeal of Florida
• Decided: April 22, 2026
• Docket: 3D2025-1633
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 22, 2026. Not final until disposition of timely filed motion for rehearing.

________________

Nos. 3D25-1633 Lower Tribunal No. 24-16919-FC-04 ________________

Moises Heras, Appellant,

vs.

Angelica Heras, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Oscar Rodriguez-Fonts, Judge.

Moises Heras, in proper person.

No appearance, for appellee.

Before FERNANDEZ, GORDO and GOODEN, JJ.

PER CURIAM.

Appellant Moises Heras challenges a final judgment of injunction for

protection against domestic violence. He asserts that he provided his lawyer with documents that were not presented at the hearing. But Appellant Heras

has not provided this Court with a transcript of the proceedings. And so, we

do not know what was testified to or what evidence was presented below.

Therefore, we are constrained to 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. Without knowing

the factual context, neither can an appellate court reasonably conclude that

the trial judge so misconceived the law as to require reversal. The trial court

should have been affirmed because the record brought forward by the

appellant is inadequate to demonstrate reversible error.”); Burkett v. Burkett,

155 So. 3d 478, 478 (Fla. 1st DCA 2015) (“Without a transcript, we cannot

know what evidence the court heard beyond the documents that were filed

in the record, and we cannot know what issues were preserved for review.”);

Zarate v. Deutsche Bank Nat’l Tr. Co. as Tr., 81 So. 3d 556, 558 (Fla. 3d

DCA 2012) (“Where there is no record of the testimony of witnesses or of

evidentiary rulings, and where a statement of the record has not been

prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or

2 (b)(3), a judgment which is not fundamentally erroneous on its face must be

affirmed.”).

Affirmed.