County
Small Claims Court: APPELLATE PROCEDURE – record - evidence in the record
did not prove that the damages exceeded the deposit retained by appellant-landlord
– Appellant alleged trial court judge was biased since he stated appellee reminded him of his granddaughter - 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 to demonstrate reversible error. McNeill v. LaBelle,
No. 02-3923 CI-88A (
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
ADRIENNE MC NEILL,
Appellant,
v.
Appeal No. 02-03923 CI-88A
Small Claims 02-1236-SC-45
TRISHA LABELLE,
Appellee.
_______________________________________/
Opinion filed ________________________
Appeals from Final Judgment
County
Court, Small Claims Division,
The Honorable Walt Fullerton
Adrienne McNeill
Appellant, pro se
Trisha Labelle
Appellee, pro se
ORDER AND OPINION
THIS CAUSE came before the Court on an appeal from the County Court
for
This matter arose when Plaintiff/Appellant filed a Statement of Claim in Small Claims Court on February 12, 2002, alleging damages to the premises and unpaid rent, plus court costs, under a written lease between Plaintiff/Appellant, the landlord, and Defendant/Appellee, the tenant. On April 10, 2002 a Final Judgment was entered in favor of the Defendant/Appellee, stating that although Plaintiff/Appellant had proved damages in the amount of $200 for cleaning, replacement of lock and oven repair, she had on deposit a $550 security deposit and the last month’s rent of $550. Because the Plaintiff/Appellant failed to prove damages in excess of the $1,100 deposit, the judgment was for the Defendant/Appellee. The Judgment further found that Defendant/Appellee was not liable for rent for the two months the apartment sat vacant, awaiting repair of the front door, since the Defendant/Appellee had not caused and was not liable for the damage to the door and since it was unreasonable to take two months to repair it.
Appellant timely appealed the Final Judgment and has argued in her initial brief that since she had sufficient evidence to support each of the items of damage, the judge’s conclusions were erroneous and an abuse of judicial discretion. She also alleged that the judge showed bias by remarking that the Defendant/Appellee reminded him of his granddaughter. Appellee alleges that the remark was never made.
The record on appeal includes a copy of the lease, the tenant’s notice that she was vacating the premises and other communications between landlord and tenant, a receipt for track lighting and lock replacements totaling $112.23 and photos showing the condition of the apartment.
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 evidence in the record does not prove that the damages
exceeded the deposit retained by Plaintiff/Appellant. Moreover, the Plaintiff/Appellant
asks this Court to determine issues that cannot be resolved without a record
of the trial proceedings. She, however, has not provided this Court with a
trial transcript or a proper substitute and has presented evidence in the
appendix to her brief that is not in the record. 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 (
DONE AND ORDERED in Chambers, at
_________________________________________
JOHN A. SCHAEFER
CIRCUIT JUDGE, APPELLATE DIVISION
Conformed copies furnished to:
Adrienne
McNeill,
Trisha Labelle, c/o EPIX/AAA Mtg Corp, 7901 - 4th St N, St Pete, FL 33702