Dayro G. Delgado v. Bianca C. Acosta-Renta

• Court: District Court of Appeal of Florida
• Decided: October 2, 2024
• Docket: 3D2024-0520
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 2, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0520 Lower Tribunal No. 16-2574-FC-04 ________________

Dayro G. Delgado, Appellant,

vs.

Bianca C. Acosta-Renta, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Christina Marie DiRaimondo, Judge.

Dayro G. Delgado, in proper person.

Bianca C. Acosta-Renta, in proper person.

Before EMAS, SCALES and GORDO, JJ.

PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d

1150 (Fla. 1979); Gaspard v. Innocent, 389 So. 3d 638 (Fla. 3d DCA 2023)

(affirmance required where no transcript or proper substitute and no

fundamental error on the face of the order appealed); Mijares v. Echeverria,

365 So. 3d 426 (Fla. 3d DCA 2023) (reiterating that appellant bears burden

of presenting a record that overcomes the presumption of correctness

afforded to the trial court’s findings and “[w]here there is no record of the

testimony of witnesses or evidentiary rulings, and where a statement of the

record has not been prepared . . . a judgment which is not fundamentally

erroneous on its face must be affirmed.”)