ZAIDA PLAZA, LLC v. RAFAEL ACURIO AND PEZ DE ORO PERUVIAN FOOD, INC.

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 16, 2021.

Not final until disposition of timely filed motion for rehearing.

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No. 3D20-1943

Lower Tribunal No. 14-31854

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Zaida Plaza, LLC,

Appellant,

vs.

Rafael Acurio and Pez De Oro Peruvian Food, Inc., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge.

Antonio S. Gonzalez, P.A., and Antonio S. Gonzalez, for appellant.

Twig, Trade, & Tribunal, PLLC, and Morgan L. Weinstein (Fort Lauderdale), for appellees.

Before FERNANDEZ, GORDO and BOKOR, JJ.

PER CURIAM.

Affirmed. 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.”).