So what does the transcript say?

FLORIDA LAW WEEKLY

VOLUME 50, NUMBER 21

CASES FROM THE WEEK OF MAY 30, 2025

NO TRANSCRIPT LEADS TO AFFIRMANCE OF LOWER COURT RULING

Chavez v. Garrido, 50 Fla. L. Weekly D1144 (Fla. 3rd DCA May 21, 2025):

The defendant challenged a money judgment entered against her after a non-jury trial, on the basis that the damages awarded were not supported by competent substantial evidence.

However, the defendant failed to provide the court with a transcript, constraining it to affirm. See, Applegate v. Barnett Bank, 377 So. 2d 1150, 1152 (Fla. 1979).

FINAL JUDGMENT REVERSED WHERE TRIAL COURT NEVER ACTUALLY NOTICED THE CASE FOR TRIAL

Tulson v. Ramlangan, 50 Fla. L. Weekly D1142 (Fla. 2nd DCA May 21, 2025):

The appellant appealed a final judgment entered by the circuit court, after the case “purportedly” went to trial.

The appellate court noted that the trial court never actually noticed the trial for the date on which it supposedly took place, as required by Fla. R. Civ. P. 1.440(c) (“If the court finds the action ready to be set for trial, it shall enter an order fixing a date for trial. Trial shall be set not less than 30 days from the service of the notice for trial”).

Additionally, there was nothing in the record to support the court’s finding that the parties had “agreed” or otherwise consented to conduct the trial on that date finding instead, that everything actually supported a finding to the contrary.

In light of these findings, the court reversed the final judgment and remanded for further proceedings.