FT TRADE FINANCIAL, CORP. v. ROADWAY, INC. ( 2022 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed January 5, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-0638
    Lower Tribunal No. 19-7942-CC
    ________________
    Ft. Trade Financial, Corporation,
    Appellant,
    vs.
    Roadway, Inc.,
    Appellee.
    An Appeal from the County Court for Miami-Dade County, Maria D.
    Ortiz, Judge.
    Wilson Law Firm South Florida, P.A., and Paul E. Wilson (Plantation),
    for appellant.
    Benitez & Associates, and Leo Benitez and Lizette Benitez, for
    appellee.
    Before EMAS, LOGUE, and LINDSEY, JJ.
    PER CURIAM.
    Affirmed. See Umana v. Citizens Prop. Ins. Corp., 
    282 So. 3d 933
    ,
    934 (Fla. 3d DCA 2019) (“[W]hile it is true that the absence of a transcript is
    not necessarily fatal to review of a trial court’s decision at a summary
    judgment hearing, it is not the nature of the hearing, but rather than the
    nature of the alleged error, which dictates the adequacy of the record on
    appeal[.]”) (internal citations omitted); Applegate v. Barnett Bank of
    Tallahassee, 
    377 So. 2d 1150
    , 1152 (Fla. 1979) (“In appellate proceedings
    the decision of a trial court has the presumption of correctness and the
    burden is on the appellant to demonstrate error.”).
    2
    

Document Info

Docket Number: 21-0638

Filed Date: 1/5/2022

Precedential Status: Precedential

Modified Date: 1/5/2022