THEDIGITAL.SUPPORT LLC, etc. v. SMARKETING TECHNOLOGIES CORPORATION, etc.
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Opinion
Third District Court of Appeal State of Florida
Opinion filed September 13, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-157 Lower Tribunal No. 22-3470 ________________
TheDigital.Support LLC, etc., Appellant,
vs.
Smarketing Technologies Corporation, etc., et al., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge.
PAG Law PLLC, and Patricia Acosta and Alexandra Goodstone, for appellant.
EPGD Attorneys at Law, P.A., and Justin Hassani and Oscar A. Gomez, for appellees.
Before SCALES, HENDON and MILLER, JJ.
PER CURIAM. Affirmed. See Bank of New York Mellon v. One Seagrove Place
Owners Ass'n, 276 So. 3d 486, 487 (Fla. 1st DCA 2019) (“The Bank’s motion
set forth a colorable claim [under rule 1.540], and the trial court held an
evidentiary hearing. But the Bank furnished no transcript of the hearing in
the appendix filed in this appeal. In the absence of a transcript, we must
presume that the trial court's order denying the Bank's motion ‘was based on
additional evidence adduced at the hearing.’ We thus AFFIRM the order
denying relief from the . . . judgment.” (quoting Snowden v. Wells Fargo
Bank, 172 So. 3d 506, 508 (Fla. 1st DCA 2015))).
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