LUCILA MURPHY v. LENIS OSORIO ( 2021 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed December 15, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-966
    Lower Tribunal No. 14-27903
    ________________
    Lucila Murphy,
    Appellant,
    vs.
    Lenis Osorio, et al.,
    Appellees.
    An Appeal from the Circuit Court for Miami-Dade County, Maria de
    Jesus Santovenia, Judge.
    Law Office of Laurence A. Wanshel, P.A., and Laurence A. Wanshel,
    for appellant.
    Coral Way Law Center, and Miguel San Pedro, for appellees.
    Before EMAS, GORDO and BOKOR, JJ.
    PER CURIAM.
    Affirmed. Murphy v. Osorio, 
    299 So. 3d 446
    , 448 (Fla. 3d DCA 2020),
    reh’g denied (Jan. 29, 2020) (“[I]t is undisputed that the trial court ruled that
    there was a lack of evidence to support the Defendants’ counterclaim.”);
    Espriella v. Delvalle, 
    844 So. 2d 674
    , 676 (Fla. 3d DCA 2003) (confirming
    that there is a strong presumption in favor of the validity of deeds, and that
    presumption will prevail unless the party challenging the deed overcomes it
    by clear, strong and convincing evidence) (citing Howell v. Fiore, 
    210 So. 2d 253
    , 256 (Fla. 2d DCA 1968)); 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.”).
    2
    

Document Info

Docket Number: 21-0966

Filed Date: 12/15/2021

Precedential Status: Precedential

Modified Date: 12/15/2021