Small Claims Court: APPELLATE PROCEDURE – record - To show error, the
appellant must provide the appellate court with an adequate record of the
trial proceedings so that the court can properly consider all relevant factual
issues and determine if the trial court’s judgment was supported by the evidence
and whether the issues were properly preserved for appeal - Without a transcript
of the hearing in this case and no error of law appearing on the face of the
final judgment, appellant could not overcome presumption of correctness of
trial court’s decision and demonstrate reversible error – Final judgment affirmed.
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
CHARLES MARCEL HENDERSON,
vs. Appeal No. 02-6529-CI-88A
Small Claims 02-3789SC-44
PRAVIN KOTADIA ET AL,
Opinion filed ________________________
Appeals from Final Judgment
Court, Small Claims Division,
The Honorable Karl B. Grube
Charles Marcel Henderson
Appellant, pro se
Appellee, pro se
Nilesh M. Patel, Esq.
Attorney for Appellee
ORDER AND OPINION
THIS CAUSE came before the Court on appeal from the County Court for
This matter arose when Appellant filed a Statement of Claim in Small Claims Court on May 17, 2002, alleging that he was illegally evicted by Appellee. Appellant alleged that on May 4, 2002 and on May 14, 2002 the Appellee violated Chapter 83, Florida Statutes by entering his unit by force with the intent to “deadbolt” his door. He asked for $5,000 in damages.
At the Pretrial Conference, Appellant appeared pro se and trial was set for July 15, 2002. On July 8, 2002, Appellant filed a Motion for Continuance alleging that because of his present incarceration in the Pinellas County Jail, he would be unavailable to represent himself at trial. His motion was denied on the same day. On July 15, 2002, Appellant appeared at the hearing and proceeded with his case.
On July 16, 2002 a Final Judgment was entered in favor of the Appellee, stating that an illegal eviction of the Plaintiff (Appellant) did not occur by Defendant (Appellee) and that Plaintiff (Appellant) did not offer any proof of any damages.
Appellant timely appealed the Final Judgment and has argued in his initial brief that (1) it was error to deny his motion for continuance; (2) the trial court did not follow the eviction law; and (3) Appellant was denied due process when he was denied the right to present witnesses. The Appellee has not filed an answer brief.
On appeal, a trial court’s decision has a presumption of correctness
and the burden is on the appellant to overcome this presumption and demonstrate
reversible error. See Sorrels v. Rebecca’s Ice Cream, Inc., 696 So.2d 1313,
1314 (Fla. 2d DCA 1997). To show error,
the appellant must provide the appellate court with an adequate record of
the trial proceedings so that the court can properly consider all relevant
factual issues and determine if the trial court’s judgment was supported by
the evidence and whether the issues were properly preserved for appeal. See
Applegate v Barnett Bank of
In this case, the Appellant asks this Court to determine issues that
cannot be resolved without a record of the trial proceedings; however, he
has not provided this Court with a trial transcript or a proper substitute
and has presented evidence in the appendix to his brief that he admits was
not before the trial court. Without a transcript of the hearing in this case,
this Court may reverse only if an error of law appears on the face of the
final judgment. See Whelan v. Whelan, 736 So.2d 732, 733 (Fla.
4th DCA 1999); see also Pearce v. Pearce, 773 So.2d 1286 (
ORDERED AND ADJUDGED that the Final Judgment is affirmed.
DONE AND ORDERED in Chambers, at
JOHN A. SCHAEFER
Circuit Judge, Appellate Division
Copies Furnished To:
Appellant, pro se
Appellee, pro se
M. Patel, Esq.,