Third District Court of Appeal
State of Florida
Opinion filed April 14, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-30
Lower Tribunal No. 16-4304
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Quanisha Harris,
Appellant,
vs.
Carolyn Walker, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mindy S.
Glazer, Judge.
Peter A. Cohen, P.A., and Peter A. Cohen; Wasson & Associates,
Chartered, and Roy D. Wasson, for appellant.
Marva L. Wiley, for appellee.
Before LOGUE, SCALES, and LOBREE, JJ.
PER CURIAM.
“The lower court’s ultimate factual determinations during a non-jury trial
may not be disturbed on appeal unless shown to be unsupported by
competent and substantial evidence or to constitute an abuse of discretion.”
Mia. Real Estate Inv., LLC v. Beini Xu,
252 So. 3d 292, 293 (Fla. 3d DCA
2018). Additionally, without a transcript, and in the absence of fundamental
error on its face, an appellate court must affirm a trial court’s decision. See
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.”).
Affirmed.
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