Ricardo Ferreira v. MTGLQ Investors, L.P.

• Court: District Court of Appeal of Florida
• Decided: December 18, 2024
• Docket: 3D2024-1032
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.

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Nos. 3D24-1032 & 3D24-1047 Lower Tribunal No. 19-31683-CA-01 ________________

Ricardo Ferreira, Appellant,

vs.

MTGLQ Investors, L.P., Appellee.

Appeals from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.

Ricardo Ferreira, in proper person.

Padgett Law Group and Heather L. Griffiths (Tallahassee), for appellee.

Before SCALES, MILLER, and LOBREE, 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.”); Zarate v. Deutsche Bank Nat’l Tr. Co., 81

So. 3d 556, 558 (Fla. 3d DCA 2012) (“Where there is no record of the

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

the record has not been prepared pursuant to Florida Rule of Appellate

Procedure 9.200(a)(3) or (b)[5], a judgment which is not fundamentally

erroneous on its face must be affirmed.”).