County 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. Henderson v. Kotadia, No. 02-6529-CI-88A (Fla. 6th Cir. App. Ct. Jan. 8, 2003).

 

 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

CHARLES MARCEL HENDERSON,

                                                Appellant,

 

vs.                                                                                            Appeal No. 02-6529-CI-88A

                                                                                                Small Claims 02-3789SC-44

PRAVIN KOTADIA ET AL,

                                                Appellee.

____________________________________/

 

Opinion filed ________________________

Appeals from Final Judgment

County Court, Small Claims Division, Pinellas County

The Honorable Karl B. Grube

 

Charles Marcel Henderson

Appellant, pro se

 

Pravin Kotadia

Villager Motel

401 – 34th Street North

St. Petersburg, FL 33705

Appellee, pro se

 

Nilesh M. Patel, Esq.

115 South Willow Avenue

Tampa, FL 33606

Attorney for Appellee

 

 

ORDER AND OPINION

 

            THIS CAUSE came before the Court on appeal from the County Court for Pinellas County, Small Claims Division, filed by Charles Marcel Henderson (Appellant), from a Final Judgment entered July 16, 2002, in favor of Pravin Kotharia (Appellee). Upon review of the record and the briefs and being otherwise fully advised in the premises, the Final Judgment entered by the lower court is affirmed.

            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 Tallahassee, 377 So.2d 1150 (Fla. 1979); Spevak v Willis, 793 So.2d 975 (Fla. 2d DCA 2001). See also E.I. DuPont DeNemours and Co. v. Native Hammock Nursery, 698 So.2d 267, 270 (Fla. 3d DCA 1997)(stating that appellate review is confined to the record on appeal).

            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 (Fla. 5th DCA 2000)(holding that absent a transcript or a stipulation of facts, the record lacks a basis to reverse the trial court’s decision).  This Court finds that no error of law appears on the face of the Judgment and the Appellant has not otherwise shown grounds for reversal. Therefore, it is,

            ORDERED AND ADJUDGED that the Final Judgment is affirmed.

            DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this ________ day of January 2003.

                                                                       

         

 

 

                                                           

                                                                        ___________________________________

                                                                        JOHN A. SCHAEFER

                                                                        Circuit Judge, Appellate Division

 

 

 

 

 

 

Copies Furnished To:

 

Charles Marcel Henderson, 2301 First Avenue South, St. Petersburg, FL 33712

Appellant, pro se

 

Pravin Kotadia, 401 – 34th Street North, St. Petersburg, Florida 33705

Appellee, pro se

 

Nilesh M. Patel, Esq., 115 South Willow Avenue, Tampa, FL 33606