County Civil Court: APPELLATE PROCEDURE – record – To show error, the appellant must provide the appellate court with an adequate record of the trial proceedings;  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 no transcript-Judgment affirmed.  Reyes v. Linder, No. 51-2008-AP-10 (Fla. 6th Cir App. Ct. April 16, 2009).

 

 

 

 

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING

AND, IF FILED, DETERMINED

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY

 

 

JULIUS-VINCENT REYES, for

ALBOPORE, INC., d/b/a

WESTBURY HOUSE,

 

     Appellant,                                             Circuit Appeal  No.  512008AP000010                                        

                                                                        UCN:  512008AP000010XXXWS

FAY A. LINDER and SALLY

FAULKNER,

 

     Appellees.

 

_____________________________/

 

 

Opinion filed __________________

 

Appeal from  Final Judgment

Entered by Pasco

County Judge Court Judge ­­Paul E. Firmani

 

Julius-Vincent Reyes

for Appellant

 

Andrew J. Rodnite, Jr., Esq,

for Appellee

 

 

ORDER AND OPINION

 

 

                        THIS MATTER comes before the Court on the appeal of Julius-Vincent Reyes, for Albopore, Inc., d/b/a Westbury House, the plaintiff below, who requests this Court “reverse the final judgment” of the lower court which conducted the non-jury trial in this cause.  The record in this case does not include a transcript of the non-jury trial conducted by the court below.   However, appellant attempts to attack the veracity of the testifying defendant.

The appellant raises no issues of law but asks this Court to reconsider the case based on the statements made in his Brief and to reach a different conclusion than that reached by the court that heard the evidence.  Such relief is beyond the power of this Court.   Even if the appeal is taken as an attempt to argue that the court below abused its discretion by entering a judgment not based on competent substantial evidence, this Court is unable to review the evidence at trial since there is no transcript of the trial.

IT IS THEREFORE ORDERED that the Final Judgment of the County Court is AFFIRMED.

Appellee herein has filed a motion for attorney’s fees, requesting fees for the appeal based both on the contract sued upon and under Florida Statute §57.105.  The Court finds the motion to be well founded and the motion is granted.  This matter is remanded to the court below to determine the amount of fees to be awarded Appellee for the defense of this appeal.  Eastern Industries, Inc. v. Florida Unemployment Appeals Commission, 960 So.2d 900 (1st DCA 2007), and Nationwide Mutual Fire Insurance Co. v. Voight, 971 So.2d 239 (2nd DCA 2008). 

DONE AND ORDERED at New Port Richey, Pasco County, Florida, this 16th day of April, 2009.

 

                                                                        /s/ Stanley R. Mills______________________

                                                                        Stanley R. Mills, Circuit Judge

                                                                        Primary Appellate Judge

 

 

 

                                                                        /s/ W. Lowell Bray, Jr.___________________

                                                                        W. Lowell Bray, Jr., Circuit Judge

                                                                        Appellate Division

 

 

 

                                                                        /s/ Daniel D. Diskey____________________

                                                                        Daniel D. Diskey, Circuit Judge

                                                                        Appellate DivisionPage 3 of 3