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3rd DCAAugust 20, 2026Affirmed⭐ Notable

Sharrieff Corey Pope and Yoselyn Cardozo v. DT Residential North, LLC and DT Residential South, LLC

Case No. 2025-2283

The Third District affirmed in a citation per curiam opinion, applying Applegate v. Barnett Bank to hold that an appellant who challenges factual determinations without providing a record of the trial proceedings cannot demonstrate reversible error. The court additionally noted that evidentiary objections not raised at trial are waived.

Key facts

  • Pro se appellants Sharrieff Corey Pope and Yoselyn Cardozo appealed a judgment entered against them by the Miami-Dade County Court in a civil action brought by two DT Residential entities.
  • The appellants challenged the trial court's factual conclusions and the evidence considered below, but did not bring forward a record of the trial proceedings.
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Holdings

  • Where the appellant raises issues of fact, an inadequate record of the trial proceedings requires affirmance, because the appellate court can neither resolve the underlying factual issues…
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Why it matters

A routine but instructive application of two doctrines that dispose of a large share of civil appeals. Applegate remains dispositive whenever an appellant attacks the sufficiency or weight of the evidence without… — full analysis with a trial

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