Vandesande v. Miami-Dade County

• Court: District Court of Appeal of Florida
• Decided: February 15, 2017
• Docket: 15-2038
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D15-2038 Lower Tribunal No. 09-30967 ________________

Steven Vandesande, Appellant,

vs.

Miami-Dade County, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge.

Steven Vandesande, in proper person.

Abigail Price-Williams, Miami-Dade County Attorney, and William X. Candela, Assistant County Attorney, for appellee.

Before SUAREZ, C.J. and SALTER and SCALES, JJ.

PER CURIAM. We affirm the trial court’s entry of summary judgment on Count I of

Appellant Steven Vandesande’s Third Amended Complaint. Peeples v. Peeples,

871 So. 2d 945 (Fla. 1st DCA 2004) (barring former husband’s supplemental

petition on the basis of res judicata).

We also affirm the trial court’s directed verdict on the remaining counts of

Vandesande’s Third Amended Complaint. Applegate v. Barnett Bank of

Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding that “[w]ithout 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.”).

Affirmed.