So.2d 663, 664 (Fla. 3d DCA 2008) (<HOLDING>) (quoting Applegate v. Barnett Bank of
holding that the trial court failed to exercise its discretion by stating that it did not have the ability to present the transcript to the jury holding that the appellants failure to provide a transcript of the proceedings was fatal to its claims because without a record of the trial proceedings the appellate court can not sic properly resolve the underlying factual issues so as to conclude that the trial courts judgment is not supported by the evidence or by an alternative theory holding that in appellate proceedings where no transcript is provided a trial courts decision has the presumption of correctness and the burden is on the appellant to demonstrate error holding that without transcript of trial proceedings appellate court cannot review underlying evidence so as to conclude that trial courts judgment is not supported by evidence holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant