Minor Street LP v. Daniel L. Allen

• Court: District Court of Appeal of Florida
• Decided: February 21, 2024
• Docket: 2023-1050
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 21, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-1050 Lower Tribunal No. 22-0050 AP ________________

Minor Street, LP, Appellant,

vs.

Daniel L. Allen, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.

Bercow Radell Fernandez Larkin & Tapanes, PLLC, and Nicholas Jay Rodriguez-Caballero and Thomas H. Robertson; Capua Law Firm, P.A., and Marisa Pia Capua, for appellant.

James M. Mahaffey III, for appellees.

Before SCALES, LINDSEY, and MILLER, JJ.

PER CURIAM. Appellant Minor Street LP #1 appeals from an order denying its motion

for sanctions against Appellee Daniel Allen. Because Minor Street did not

provide this Court with a transcript of the relevant proceeding below, we

cannot review the circuit court’s reasoning and, thus, cannot know “the

factual context, neither can [we] reasonably conclude that the [lower court]

so misconceived the law as to require reversal.” See Applegate v. Barnett

Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); see also Roberts

v. Diaz, 343 So. 3d 156, 157 (Fla. 3d DCA 2022) (“We affirm because we

cannot review the factual issues on appeal without a transcript of the

hearings below.”); Kitchen Design Cabinets, Inc. v. Bentley, 320 So. 3d 1013,

1014 (Fla. 1st DCA 2021) (“Without any transcripts, we have no means by

which to review the trial court’s resolution of these important factual issues.”).

Affirmed.