James H. Greason, Trustee v. Rolling Green Condominium E., Inc.

• Court: District Court of Appeal of Florida
• Decided: December 4, 2024
• Docket: 3D2023-0760
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 4, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0760 Lower Tribunal No. 16-33175 ________________

James H. Greason, Trustee, Appellant,

vs.

Rolling Green Condominium E., Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas and Alan Fine, Judges.

James H. Greason, for appellant.

Koss Law Firm, P.A., and Jeremy A. Koss, for appellee.

Before LINDSEY, LOBREE and BOKOR, JJ.

PER CURIAM. Affirmed. 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. Without knowing the factual context, neither can an

appellate court reasonably conclude that the trial judge so misconceived the

law as to require reversal.”); see also Balsam v. S. Palm Beach Fin. Corp.,

695 So. 2d 1267, 1268 (Fla. 4th DCA 1997) (“[T]he lack of a transcript

prevents us from determining whether this issue was properly preserved by

objection below.”).