Zaida Plaza, LLC v. Rafael Acurio and Pez De Oro Peruvian Food, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledApril 29, 2020
Docket3D20-0066
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 29, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-66
Lower Tribunal No. 14-31854
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Zaida Plaza, LLC,
Appellant,
vs.
Rafael Acurio and Pez de Oro Peruvian Food, Inc.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon,
Judge.
Antonio S. Gonzalez, for appellant.
Corona Law Firm, P.A., and Ricardo M. Corona and Ricardo R. Corona, for
appellees.
Before EMAS, C.J., and GORDO and LOBREE, JJ.
PER CURIAM.
Zaida Plaza appeals the trial courtโs order denying its motion for remittitur.
However, given the absence of a transcript of the relevant proceedings or a statement
of the evidence or proceedings as permitted by Florida Rule of Appellate Procedure
9.200(b)(5), appellant cannot sustain its burden of demonstrating reversible error,
and none can be discerned on the face of the order under review. We therefore
affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.
1979) (holding: โThe question raised by [appellant] clearly involves underlying
issues of fact. When there are issues of fact the appellant necessarily asks the
reviewing court to draw conclusions about the evidence. Without a record of the
trial proceedings, the appellate court can not properly resolve the underlying factual
issues so as to conclude that the trial court's judgment is not supported by the
evidence or by an alternative theory. Without knowing the factual context, neither
can an appellate court reasonably conclude that the trial judge so misconceived the
law as to require reversal. The trial court should have been affirmed because the
record brought forward by the appellant is inadequate to demonstrate reversible
error.โ); G & S Dev. Corp. v. Seitlin, 47 So. 3d 893, 895 (Fla. 3d DCA 2010). See
also Maggolc, Inc. v. Roberson, 116 So. 3d 556, 558 (Fla. 3d DCA 2013) (โWe
review the trial court's denial of [] post-trial motions for remittitur and new trial
under the abuse of discretion standard.โ)
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