Third District Court of Appeal
State of Florida
Opinion filed February 15, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-2038
Lower Tribunal No. 09-30967
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Steven Vandesande,
Appellant,
vs.
Miami-Dade County,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice
Butchko, Judge.
Steven Vandesande, in proper person.
Abigail Price-Williams, Miami-Dade County Attorney, and William X.
Candela, Assistant County Attorney, for appellee.
Before SUAREZ, C.J. and SALTER and SCALES, JJ.
PER CURIAM.
We affirm the trial court’s entry of summary judgment on Count I of
Appellant Steven Vandesande’s Third Amended Complaint. Peeples v. Peeples,
871 So. 2d 945 (Fla. 1st DCA 2004) (barring former husband’s supplemental
petition on the basis of res judicata).
We also affirm the trial court’s directed verdict on the remaining counts of
Vandesande’s Third Amended Complaint. Applegate v. Barnett Bank of
Tallahassee,
377 So. 2d 1150, 1152 (Fla. 1979) (holding that “[w]ithout 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.”).
Affirmed.
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