Lincong Song v. Jiangang Luo

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 16, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-0494 Lower Tribunal No. 19-26773-FC-04 ________________

Lincong Song, Appellant,

vs.

Jiangang Luo, Appellee.

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

Lincong Song, in proper person.

Patrick Vilar, for appellee.

Before EMAS, FERNANDEZ, and MILLER, JJ.

MILLER, J. Appellant, Lincong Song, the wife, appeals from a nonfinal order

denying her motion for relief from judgment and granting appellee, Jiangang

Luo, the husband, the right to immediate possession of the marital home.

We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(ii), (a)(5). Having

carefully reviewed the initial brief and record, and noting that appellant did

not avail herself of the opportunity to file an amended brief, we affirm on the

authority of Florida Rule of Appellate Procedure 9.315(a). See Fla. R. App.

P. 9.315(a) (“After service of the initial brief[,] . . . the court may summarily

affirm the order to be reviewed if the court finds that no preliminary basis for

reversal has been demonstrated.”); 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. The trial court

should have been affirmed because the record brought forward by the

appellant is inadequate to demonstrate reversible error.”).

Affirmed.