Shetevia Spikes v. Cottage Cove Owner, LLC

• Court: District Court of Appeal of Florida
• Decided: September 18, 2024
• Docket: 3D2024-0482
• Status: Published

Opinion

Third District Court of Appeal State of Florida

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

________________

No. 3D24-0482 Lower Tribunal No. 2022-34072, Order No. 24-016, DOAH No. 23-3858 ________________

Shetevia Spikes, Appellant,

vs.

Cottage Cove Owner, LLC, Appellee.

An Appeal from the State of Florida, Commission on Human Relations.

Shetevia Spikes, in proper person.

Barfield McCain, P.A., Donna S. Barfield, and Ryan R. McCain (West Palm Beach), for appellee.

Before LINDSEY, GORDO, and GOODEN, JJ.

PER CURIAM. Because the Appellant has failed to meet her burden to demonstrate

reversible error, we affirm. See Applegate v. Barnett Bank of Tallahassee,

377 So. 2d 1150, 1152 (Fla. 1979) (“When there are issues of fact the

appellant necessarily asks the reviewing court to draw conclusions about the

evidence. 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.”); Macias v. Dep’t of Revenue ex rel. Garcia, 16 So. 3d 985,

986 (Fla. 3d DCA 2009) (“The administrative law judge’s decision has the

presumption of correctness in appellate proceedings and the burden is on

the appellant to demonstrate error. Macias has failed to provide transcripts

of the administrative proceedings, which this Court must have in order to

determine whether the administrative law judge abused his discretion.

Therefore, we affirm as Macias cannot demonstrate error.”).

Affirmed.