Third District Court of Appeal
State of Florida
Opinion filed September 1, 2021.
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No. 3D21-1261
Lower Tribunal No. 19-16697
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Luis A. Soro,
Appellant,
vs.
Pedro Jose Lopez Villari,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Samantha
Ruiz Cohen, Judge.
Luis A. Soro, in proper person.
Hoffman, Larin & Agnetti, P.A., and Michael S. Hoffman, for appellee.
Before EMAS, HENDON and LOBREE, JJ.
PER CURIAM.
ON MOTION FOR REHEARING
We treat appellant Luis A. Soro’s motion for rehearing en banc as
including a motion for rehearing, deny the motion for rehearing, withdraw our
prior opinion, and substitute the following in its stead:
Affirmed on the authority of Florida Rule of Appellate Procedure
9.315(a) (providing: “After service of the initial brief..., the court may
summarily affirm the order to be reviewed if the court finds that no preliminary
basis for reversal has been demonstrated”). See also Soro v. Lopez, 300
So. 3d 152 (Table) (Fla. 3d DCA 2020); Applegate v. Barnett Bank of
Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding: “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”).
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