Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). · Go Syfert
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). Cases Citing This Book View Copy Cite
1,968 citation events (1,364 in the last 25 years) across 5 distinct courts.
Strongest positive: Teneca Hines v. Pleasana Davison (fladistctapp, 2026-03-18)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
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examined Cited as authority (verbatim quote) Teneca Hines v. Pleasana Davison
Fla. Dist. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Teneca Hines v. Deborah Gill
Fla. Dist. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Purple Pride, Inc., First Protective Insurance Company v. Burgess
Fla. Dist. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Davonte McRae v. State of Florida
Fla. Dist. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
even when based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it.
examined Cited as authority (verbatim quote) Jennifer Newman v. Cavalry SPV I, LLC, Etc.
Fla. Dist. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Leda Loynaz Pacific v. Peninsula Association Inc.
Fla. Dist. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
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 an alternate theory.
examined Cited as authority (verbatim quote) Christopher Omar Marshall v. Keisha Beswick Marshall
Fla. Dist. Ct. App. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Joseph Ansaroff v. Maria Theresa Laureles
Fla. Dist. Ct. App. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Stephen Sanker v. James Baptiste
Fla. Dist. Ct. App. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Merco Group at Akoya, Inc. v. General Computer Services, Inc.
Fla. Dist. Ct. App. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Amal Crane v. Matthew Harrison Crane
Fla. Dist. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Lisa Rembert v. Veronica Garcia and Unknown Tenants
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
examined Cited as authority (verbatim quote) Wanessa Sampaio De Barros v. Montasr Mahmoud
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Merco Group at Akoya, Inc. v. General Computer Services, Inc.
Fla. Dist. Ct. App. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Pike Holdings, LLC v. Brighthouse Life Insurance Company
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Florida Virtual School v. Courtney Calfee
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
examined Cited as authority (verbatim quote) Zuriagne Montalvo Solis v. Truist Bank, Etc.
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Kyle Furtek v. Anthony W. Kelley, Individually and as Personal Representative of the Estate of Tami A. Kelley
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Gooselake, LLC v. Fredy Pelaez
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Patrick Dalton Tucker v. Britney Adams
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Janet Woods v. Wal-Mart Stores East, LP
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the written final judgment by the trial court could well be wrong in its reasoning, but the decision of the trial court is primarily what matters, not the reasoning used.
examined Cited as authority (verbatim quote) Paulo Henrique De Oliveira, Sr. v. Palmetto 4444 Tic I, LLC and Rent Recovery Solutions, LLC
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Rachel J. Kim v. Victoria Rosa
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. the correctly point to the lack of a trial transcript or a proper substitute
examined Cited as authority (verbatim quote) Darrius Romeo Tucker v. State of Florida
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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 5 court's judgment is not supported by the evidence or by an alternative theory.
examined Cited as authority (verbatim quote) Isabel Howard v. Specialized Loan Servicing, LLC
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Holly Squires v. Jared Squires
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Isaaih X Ash v. State of Florida
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
discussed Cited as authority (verbatim quote) Brandon J. Bartels v. State of Florida
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings . . . the burden is on the appellant to demonstrate error.
discussed Cited as authority (verbatim quote) Charles D. Ogden D/B/A East Coast Countertops and All Wood Cabinets v. Sharon DiFelice
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
examined Cited as authority (verbatim quote) Clarence Garwood v. Jessica Garwood K/N/A Jessica Wyatt
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Jonathan Woldense v. Ernica Ferdinand
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Diane Scott v. Robert Broughton
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Hugo Richard Bertete Aguirre v. Andrea Andrukiebich
Fla. Dist. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
discussed Cited as authority (verbatim quote) Smith v. Smith
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
the trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.
discussed Cited as authority (verbatim quote) Diane Scott v. Erica Stewart (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
examined Cited as authority (verbatim quote) Universal Property & Casualty Insurance Company v. True Builders A/A/O David Joiner and Melaney Joiner (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the . . . judgment is not supported by the evidence or by an alternative theory.
examined Cited as authority (verbatim quote) Michael Mobley v. Department of Revenue, Child Support Program
Fla. Dist. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
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 an alternative theory.
examined Cited as authority (verbatim quote) Stephanie Sills v. Motor Car Concepts II, Inc., Auto Owners Insurance Co., Hudson Insurance Co., American Safety (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Stephanie Sills v. Motor Car Concepts I I , Inc. (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Kaiya Pineiro v. Oscar Arano
Fla. Dist. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Jean W. Pierre Louis v. Nathalie L. Pierre Louis
Fla. Dist. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Wancito Francius v. Carlos Auto Rental Services, Inc.
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
examined Cited as authority (verbatim quote) Samuel Lester McCray, Jr. v. Carol Lynn McCray
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) City of Hallandale Beach v. Daniel Rosemond
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
in appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.
examined Cited as authority (verbatim quote) HINOJOSA v. HINOJOSA
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
without a record of the trial proceedings, the appellate court 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.
examined Cited as authority (verbatim quote) Federico Garcia v. Milport Investors Ltd., d/b/a Porta Di Oro Apartments, Saving Property Management Corp., and Ricardo Martin
Fla. Dist. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Nashid Sabir v. 1560-1568 Drexel Avenue, LLC
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
without a record of the trial proceedings, the appellate court 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.
discussed Cited as authority (verbatim quote) Knight v. Knight
Fla. Dist. Ct. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.
discussed Cited as authority (verbatim quote) Paylan, M.D. v. Department of Health
Fla. Dist. Ct. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
even when based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it.
discussed Cited as authority (verbatim quote) Osvaldo Rodriguez v. Department of Business and Professional Regulation, Electrical Contractors' Licensing Board
Fla. Dist. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
without knowing the factual context, . . . an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.
Albert
v.
APPLEGATE et Ux., Petitioners, v. The BARNETT BANK OF TALLAHASSEE, Respondent.
55345.
Supreme Court of Florida.
Oct 4, 1979.
377 So. 2d 1150

[*1151] Marion D. Lamb, Jr., and Guyte McCord III of Spector & Tunnicliff, Tallahassee, for petitioners.

Julius F. Parker, Jr. of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for respondent.

ADKINS, Justice.

By petition for writ of certiorari we have for review the decision of the district court of appeal in Barnett Bank of Tallahassee v. Applegate, Case No. HH-210 (Fla. 1st DCA October 17, 1978), which directly conflicts with Okun v. Stuart House Condominium Association, Inc., 362 So.2d 713 (Fla. 3d DCA 1978); Moore v. Sky Realty, Inc., 339 So.2d 299 (Fla. 3d DCA 1976); Steinhauer v. Steinhauer, 336 So.2d 665 (Fla. 4th DCA 1976); Buckalew v. Buckalew, 115 So.2d 564 (Fla. 2d DCA 1959); and Bolick v. Sperry, 88 So.2d 495 (Fla. 1956). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

On January 26, 1974, Albert V. and Phyllis J. Applegate entered into an agreement with Lewis C. Schacht. Among other things, the agreement provided for the installment sale of 550 head of cattle to Schacht. The Applegates filed suit against Schacht on February 20, 1976. The Barnett Bank of Tallahassee was joined as a defendant due to its December 28, 1975, security agreement with Schacht and related UCC financing statement. In late April, 1976, after the filing of the suit, Schacht sold at least 140 of the cattle and paid Barnett Bank the sale proceeds of $16,233.36 and $6,496.75.

After a nonjury trial without a reporter, the circuit court found that the Applegates' lien on the cattle was superior to Barnett Bank's lien. The court also found and ordered the proceeds of the April sales of the cattle to be held in trust for the Applegates to the extent of any deficiency on the sum still due them. Barnett Bank appealed but did not bring forward any substitute for a trial transcript. See Fla.R.App.P. 3.6(h) and 9.200(b)(3).

The First District Court of Appeal ruled that the Applegates had lost any priority to the proceeds of the sale of the cattle because their financing statement did not cover proceeds from a sale of collateral and they failed to perfect their security interest within ten days after the sales as required by Section 679.306(3)(b), Florida Statutes (1977). The district court of appeal concluded that "the [trial] court's finding that a constructive trust arose by operation of[*1152] law is not supported by the facts." The appellate court reversed the imposition of a constructive trust. Barnett Bank of Tallahassee v. Applegate at 7, 8.

In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. The Applegates correctly point to the lack of a trial transcript or a proper substitute as fatally flawing the appellate court's ruling. The written final judgment by the trial court could well be wrong in its reasoning, but the decision of the trial court is primarily what matters, not the reasoning used.

Even when based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it. E.g., 3 Fla.Jur.2d § 296; In Re Yohn's Estate, 238 So.2d 290 (Fla. 1970); Goodman v. Goodman, 204 So.2d 21 (4th DCA Fla. 1967); Escarra v. Winn Dixie Stores, Inc., 131 So.2d 483 (Fla. 1961). However, a misconception by the trial judge of a controlling principle of law can constitute grounds for reversal. E.g., Aronson v. Siquier, 318 So.2d 452 (3d DCA Fla. 1975); Green v. Putnam, 93 So.2d 378 (Fla. 1957); Knight v. City of Miami, 127 Fla. 585, 173 So. 801 (1937).

The trial court's imposition of a constructive trust could well be supported by evidence adduced at trial but not stated in the judge's order or otherwise apparent in the incomplete record on appeal. The question raised by Barnett Bank clearly involves underlying issues of fact. When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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. E.g., South Florida Apartment Association, Inc. v. Dansyear, 347 So.2d 710 (3d DCA Fla. 1977); Strickland v. Lewis, 328 So.2d 244 (1st DCA Fla. 1976); Troutman v. Couture, 98 Fla. 889, 124 So. 443 (1929). See also cases cited above for conflict.

The order of the district court of appeal is quashed and the cause remanded for entry of an order affirming the final judgment of the trial court.

It is so ordered.

OVERTON and ALDERMAN, JJ., and VANN, Associate Justice, concur.

BOYD, J., dissents.

ENGLAND, Chief Justice, concurs specially:

While I concur in the resolution of the legal issue in this case, I would remand to the district court for further proceedings not inconsistent with this decision. I would not direct the entry of an order affirming the trial court.