Full Opinion

Third District Court of Appeal State of Florida Opinion filed August 5, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-1780 Lower Tribunal No. 17-17485 ________________ Julia M. Cespedes, Appellant, vs. Zenon Gabriel Cespedes, Appellee. An appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge. Richard A. Schurr, P.A., and Richard A. Schurr, and Bonnie M. Sack, for appellant. Kenneth M. Kaplan, for appellee. Before FERNANDEZ, LINDSEY, and MILLER, JJ. PER CURIAM. Affirmed. See LPP Mortg. Ltd. v. Bank of Am., N.A., 826 So. 2d 462, 463- 64 (Fla. 3d DCA 2002) (“Whether relief should be granted pursuant to [Florida] Rule [of Civil Procedure] 1.540 is a fact specific question and the trial court’s ruling should not be disturbed on appeal absent a gross abuse of discretion.”) (citations omitted); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“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.”). 2