Can I still appeal a Judge’s decision if there was no court reporter during the hearing?
Yes, but it is more difficult. Florida Rule of Appellate Procedure 9.200 allows you to file an appeal even without a transcript. However, without a record of what happened, it is very hard to prove error.
Options include:
- Agreed Statement of Facts: Both parties agree on what occurred (Rule 9.200(b)(4)).
- Narrative Statement: You prepare a summary of the proceedings, though the other party may object (Rule 9.200(b)(3)).
- Proceeding on the Record: Appeal is based only on documents and orders.
Key considerations:
- The appellate court presumes the trial court acted correctly.
- Without a transcript, the burden of proof is much higher.
- Many appeals fail because errors cannot be shown without a proper record.