ANDRE MILES AND PATRICIA EMERY, Etc. v. MIAMI POSTAL SERVICE CREDIT UNION
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 12, 2020
Docket3D18-1440
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed February 12, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-1440
Lower Tribunal No. 14-19008
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Andre Miles and Patricia Emery, etc.,
Appellants,
vs.
Miami Postal Service Credit Union,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Bronwyn C.
Miller, Judge.
Laurent Law Office, P.L., and Hegel Laurent (Plantation), for appellants.
Welbaum Guernsey, and Robert A. Hingston, for appellee.
Before LOGUE, HENDON and GORDO, JJ.
PER CURIAM.
Affirmed. See McCormack v. Flens, 27 So. 3d 179, 181 (Fla. 2d DCA 2010)
(“Under the civil theft statute, a potential plaintiff must first make a written demand
for payment upon a defendant and, if the defendant complies with the demand within
thirty days, the defendant is released from further liability.” (citing § 772.11, Fla.
Stat. (2006))); Rollins, Inc. v. Heller, 454 So. 2d 580, 585 (Fla. 3d DCA 1984)
(concluding that a FDUTPA claim requires proof of actual, not consequential,
damages (quoting § 501.211(2), Fla. Stat. (1981))); 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. The trial court should have been affirmed because the
record brought forward by the appellant is inadequate to demonstrate reversible
error.”).
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