Third District Court of Appeal
State of Florida
Opinion filed April 5, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-403
Lower Tribunal No. 13-17036
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Ruben Echeverry,
Appellant,
vs.
Christiana Trust, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces,
Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellant.
Burr & Forman LLP, and Jacqueline Simms-Petredis (Tampa) and Gennifer
L. Bridges (Orlando), for appellee.
Before FERNANDEZ, LOGUE, and SCALES, JJ.
LOGUE, J.
The appellant seeks review of the trial court’s Second Amended Final
Judgment in favor of the appellee and raises issues involving evidentiary and
factual disputes. However, there is no transcript of the proceedings. As such, we
must 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.”);
Shojaie v. Gables Court Prof’l Ctr., Inc., 974 So. 2d 1140, 1142 (Fla. 3d DCA
2008) (noting that without a transcript of the trial proceedings, “we are unable to
evaluate the evidence and testimony presented at trial to ascertain whether or not
the trial court’s findings and reasoning . . . were well-founded”); Gleim v. Gleim,
176 So. 2d 610, 611 (Fla. 3d DCA 1965) (“It is the responsibility and duty of the
appellant to provide the appellate court with a record sufficient to review the
matter assigned . . . .”).
Affirmed.
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