Appeal 99-8466CI88A Gerald Heideman vs. Colton and Associates - Appellate Procedure Presentation of Issues and Record

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
APPELLATE DIVISION

GERALD HEIDEMAN,

Appellant,

vs. Appeal No. 99-8466-CI-88A

COLTON AND ASSOCIATES,

Appellee.

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Opinion filed ________________________

Appeal from Final Judgment of

The Honorable William H. Seaver

County Judge, Pinellas County

Gerald Heideman

16330 Gulf Boulevard #303

Redington Beach, FL 33708

Appellant, pro se

Joseph D. Magri, Esquire

5510 West LaSalle Street

Tampa, FL 33607

Attorney for Appellee

ORDER AND OPINION

THIS CAUSE came before the Court on the Appellant’s appeal of the Final Judgment entered by the County Court, Small Claims Division. After a review of the record, the Appellant’s initial brief, and being otherwise fully advised in the matter, the Court finds that the Appellant has not shown any basis for reversal of the lower court and his appeal is otherwise nonmeritorious. (The Court disregarded the Appellee’s Initial Answer Brief as it was unauthorized. Moreno Construction, Inc. v. Clancy & Theys Construction Co., 722 So.2d 976 (Fla. 5^th DCA 1999). The Appellant has not specified any errors of the lower court nor presented any issues for review. Further, the record shows that no error was committed in the proceedings below and that the lower court considered the evidence and the testimony of both parties in the underlying breach of contract action before entering the Final Judgment in favor of the Appellee.

It is therefore

ORDERED AND ADJUDGED that the ruling of the lower court is affirmed. Additionally, the Appellee’s Motion To Dismiss The Appeal is denied.

DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida this 24th day of August 2000.

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CHARLES W. COPE

Circuit Judge, Appellate Division

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