Jordan Reyes v. GEICO General Insurance Company, etc.

• Court: District Court of Appeal of Florida
• Decided: April 17, 2024
• Docket: 2023-1969
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 17, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1969 Lower Tribunal No. 22-23790 CC ________________

Jordan Reyes, Appellant,

vs.

GEICO General Insurance Company, etc., Appellee.

An Appeal from the County Court for Miami-Dade County, Maria D. Ortiz, Judge.

Jordan Reyes, in proper person.

No appearance, for appellee.

Before EMAS, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See Ft. Trade Fin., Corp. v. Roadway, Inc., 337 So. 3d 428,

428 (Fla. 3d DCA 2022) (“See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934 (Fla. 3d DCA 2019) (‘[W]hile it is true that the absence of a

transcript is not necessarily fatal to review of a trial court’s decision at a

summary judgment hearing, it is not the nature of the hearing, but rather than

the nature of the alleged error, which dictates the adequacy of the record on

appeal[.]’).”); Kingdom of Sweden v. Foad, 337 So. 3d 838, 838 (Fla. 3d DCA

2022) (“[Where] Appellants never made [an] argument below, either in

response to Appellees’ summary judgment motions and supporting legal

memoranda, or in a motion for rehearing . . . . [I]t [is] not preserved.” (citing

and quoting Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321, 326 (Fla. 1st

DCA 2011))); (stating that absent transcript, appellate court cannot conclude

that trial court’s judgment was unsupported by evidence or so misconceived

controlling principle of law as to require reversal (citing Applegate v. Barnett

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