Third District Court of Appeal
State of Florida
Opinion filed March 16, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0621
Lower Tribunal No. 17-15901
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Alberto Hoyos,
Appellant,
vs.
Atlantic View Partners, Ltd., etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alan Fine,
Judge.
Alberto Hoyos, in proper person.
Fields Howell LLP and Armando P. Rubio and Pedro J. Collazo and
Michael J. Ellis, for appellee.
Before LINDSEY, MILLER and LOBREE, JJ.
PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d
1150, 1152 (Fla. 1979) (explaining that “[i]n appellate proceedings the
decision of a trial court has the presumption of correctness and the burden
is on the appellant to demonstrate error,” so “the lack of a trial transcript or
a proper substitute” results in record that is “inadequate to demonstrate
reversible error” and requires affirmance); Cox v. Burke, 706 So. 2d 43, 46-
47 (Fla. 5th DCA 1998) (finding no abuse of discretion in dismissing action
for fraud on court where it clearly and convincingly can be demonstrated that
party has sentiently set in motion some unconscionable scheme calculated
to interfere with judicial system’s ability impartially to adjudicate matter by
improperly influencing trier of fact or unfairly hampering presentation of
opposing party's claim or defense, and where party lies about matters
pertinent to its own claim or portion thereof and perpetrates fraud that
permeates entire proceeding).
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