Do You Need A Hearing Transcript To Appeal A Case?

• Published date: 14 October 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: EPGD Business Law
• Author: Mr Eric Gros-Dubois

The right to an appeal is often overlooked but can play a major role in whether your case succeeds or not. In Florida, appeals to district court of appeals can sometimes lead to reversals if the law and facts are on your side. However, this can sometimes be made difficult when the appellate court does not have a transcript of the proceedings that led to the appealable order/judgment in front of it. Here is why.

What is a hearing transcript good for?

In Florida, most motions, especially contentious ones, are set for a hearing in front of the trial judge to make oral arguments as to the law and the facts behind the motion. In that hearing the trial judge will hear arguments and decide on whether he/she agrees with the arguments in the motion or the opposition, or counter motion. Sometimes, the decision is a simple grant or deny; however, more often than not, the trial judge will give an explanation for his/her reasoning and that is what is of importance.

That is where a hearing transcript comes into play. Hiring a court reporter can sometimes be costly but the need for them is crucial and a strategic one. If you think that whatever the outcome of a hearing may be, you or the opposing side will seek an appeal, having a hearing transcript is essential because it is a codification of what the parties' arguments were and why and how the judge ruled the way they did. This is all important to an appellate court as it reviews the record on appeal for error.

Why are hearing transcripts important for appeals in Florida?

In 1979, the Florida Supreme Court issued an opinion, Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979), which stated that when a trial court is appealed, the trial court's decision carries a presumption of correctness and the party appealing has the burden of demonstrating an error, by the trial court, occurred. Essentially, Applegate stands to...