Alexander Hartelust v. Thomas Schwartz

• Court: District Court of Appeal of Florida
• Decided: February 25, 2026
• Docket: 3D2025-0613
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 25, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-613 Lower Tribunal No. 24-183035-SP-05 ________________

Alexander Hartelust, Appellant,

vs.

Thomas Schwartz, Appellee.

An Appeal from the County Court for Miami-Dade County, Luis Perez- Medina, Judge.

Alexander Hartelust, in proper person.

Thomas Schwartz, in proper person.

Before LOGUE, BOKOR, and GOODEN, JJ.

PER CURIAM.

While the Appellant challenges the trial court’s findings of fact reached

after a non-jury trial on the merits, he provides no transcript of the evidentiary hearing. In the absence of a transcript, “we are unable to evaluate the

evidence and testimony presented at trial to ascertain whether or not the trial

court’s findings and reasoning . . . were well-founded.” Shojaie v. Gables

Court Pro. Ctr., Inc., 974 So. 2d 1140, 1142 (Fla. 3d DCA 2008). In these

circumstances, we are constrained to affirm. See Applegate v. Barnett Bank

of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); All Cntys. Surplus LLC

v. Flamingo S. Beach I Condo. Ass’n, 211 So. 3d 1096, 1098 (Fla. 3d DCA

2017).

Affirmed.