Third District Court of Appeal
State of Florida
Opinion filed March 27, 2019.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-1238
Lower Tribunal Nos. 16-9242 & 16-9245
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John Moriarty & Associates of Florida, Inc.,
Appellant,
vs.
Thyssenkrupp Elevator Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice
Butchko, Judge.
Agnant & Lambdin LLC, and Linda Dickhaus Agnant and Keith J. Lambdin
(Plantation), for appellant.
Shapiro, Blasi, Wasserman, & Hermann, P.A., and Richard P. Hermann, II,
and Robin I. Frank, and Jennifer Shafer (Boca Raton), for appellee.
Before FERNANDEZ, LOGUE, and MILLER, JJ.
MILLER, J.
In the absence of a transcript of the lower court proceedings, and finding no
legal error apparent on the face of the order enforcing the settlement agreement, we
cannot conclude the trial court erred in rendering the order under review and
therefore affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150,
1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court
can not properly resolve the underlying factual issues so as to conclude that the
trial court’s judgment is not supported by the evidence or by an alternative theory.
Without knowing the factual context, neither can an appellate court reasonably
conclude that the trial judge so misconceived the law as to require reversal.”); see
also Hamilton v. Florida Power & Light Co., 48 So. 3d 170, 172 (Fla. 4th DCA
2010) (“When there is a nonjury finding on disputed evidence [in an order
enforcing settlement], it is reviewed on appeal for competent, substantial evidence
because the lower court ‘is in the best position to evaluate and weigh the testimony
and evidence.’”) (quoting Acoustic Innovations, Inc. v. Schafer, 976 So. 2d 1139,
1143 (Fla. 4th DCA 2008)).
Affirmed.
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