Abraham Benenson and Diana Benenson v. Alla Marchenko

• Court: District Court of Appeal of Florida
• Decided: October 1, 2025
• Docket: 3D2025-0770
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 1, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-0770 Lower Tribunal No. 23-4594-CC-23 ________________

Abraham Benenson and Diana Benenson, Appellants,

vs.

Alla Marchenko, Appellee.

An Appeal from the County Court for Miami-Dade County, Caryn Schwartz, Senior Judge.

Abraham Benenson and Diana Benenson, in proper persons.

Law Offices of Andre G. Raikhelson and Andre G. Raikhelson (Boca Raton), for appellee.

Before SCALES, C.J., and LOBREE and GOODEN, JJ.

PER CURIAM.

Diana Minina a/k/a Diana Benenson and Farid Aghayev a/k/a Abraham Benenson (“Tenants”), the defendants below, appeal the trial court's final

judgment awarding Alla Marchenko (“Landlord”), the plaintiff below,

damages in the total sum of $15,075.00 for the Tenants’ default in payment

of rent under the parties’ lease agreement.

We summarily affirm the trial court’s final judgment because the

Tenants have not provided a transcript of the non-jury trial proceedings and,

thus, have failed to bring a proper record for this court's review. See Fla. R.

App. P. 9.315(a). As the Tenants have failed to meet their responsibility to

ensure that a record adequate to permit resolution of the issues raised on

appeal be prepared and transmitted to the appellate court, the Tenants fail

to meet their burden of establishing reversible error to overcome the

presumption of correctness afforded to the trial court's decision. See

Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)

(it is the duty of the appellant to bring before the appellate court a record

which is adequate to support his or her appeal); Gaspard v. Innocent, 389

So. 3d 638, 639 (Fla. 3d DCA 2023) (holding that affirmance is required

where there is no transcript or proper substitute and no fundamental error on

the face of the order appealed).

Affirmed.