Third District Court of Appeal
State of Florida
Opinion filed December 21, 2016.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D16-70
Lower Tribunal No. 12-49064
________________
Susanne Loundin,
Appellant,
vs.
Bayview Loan Servicing, LLC,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez,
Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellant.
Kass Shuler, P.A., and Melissa A. Giasi (Tampa), for appellee.
Before SALTER, FERNANDEZ, and LOGUE, JJ.
LOGUE, J.
In this appeal of a judgment of foreclosure entered after a trial, appellant’s
first argument -- that the Bank’s failure to specify a unit number on the letter sent
to her constitutes a failure to meet the notice requirements – was not raised below
and cannot be raised for the first time on appeal. [need case]. Appellant’s second
argument – that she was not properly served a copy of the complaint – was not
properly preserved because she failed to provide a transcript of the hearing at
which her motion to dismiss in this regard was denied or a transcript reflecting any
evidentiary support for her argument in this regard. See, e.g., Applegate v. Barnett
Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (noting that the burden is
on the appellant to demonstrate error and without a transcript, the appellate court
cannot conclude whether the trial court’s judgment is not supported by the
evidence or alternative theory).
Affirmed.
2