7550 BUILDING, INC., APPELLANT,
v.
ATLANTIC RACK & SHELVING, INC., APPELLEE
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LAGOA, J.
The appellant, 7550 Building, Inc., appeals from the trial court’s order dismissing the action with prejudice and further releasing the funds held in both the court registry and the trust account of appellee’s counsel. For the following reasons, we affirm the trial court’s order. First, no transcript was provided to this Court of the proceedings below, which led to the trial court’s entry of the order at issue. “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.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979). Absent a transcript, this Court may reverse the decision “only if an error of law appears on the face of the final judgment.” Whelan v. Whelan, 736 So. 2d 732, 733 (Fla. 4th DCA 1999). Because we find no error of law in the trial court’s order, we affirm the trial court’s order in its entirety. Additionally, under the totality of circumstances, we find no abuse of discretion and affirm the trial court’s order in its entirety.
Affirmed.
SUAREZ, J., concurs.
COPE, J.
(concurring in part and dissenting in part).
While there is no transcript or record substitute, see Fla. R.App. P. 9.200(a)(4), (b)(4), the trial court did enter an order setting forth the procedural history of the case.
I concur in affirming the order insofar as it dismisses the action and disburses the funds held in escrow. The dismissal with prejudice, however, was error and should be converted to a dismissal without prejudice. See Sekot Labs., Inc. v. Gleason, 585 So. 2d 286 (Fla. 3d DCA 1991).
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Mena v. Sweat Transp., Inc., 47 So. 3d 883 (Fla. 3d DCA 2010)…PER CURIAM. Affirmed. See 7550 Building, Inc. v. Atlantic Rack & Shelving, Inc., 999 So. 2d 663 (Fla. 3d DCA 2009).…
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Celso Alvarado v. Dep't OF Revenue o/b/o Marisol Alvarado, 194 So. 3d 544 (Fla. 3d DCA 2016)…levant proceedings below or an acceptable substitute, and has otherwise failed to meet his burden of providing a sufficient record for appellate review of the claimed error. See Fla. R. App. P. 9.220(e); 7550 Bldg., Inc. v. Atlantic Rack & Shelving, 999 So. 2d 663 (Fla. 3d DCA 2008). The trial court’s order comes to us clothed with a presumption of correctness, and Appellant has failed to overcome this presumption or establish any error of law apparent on the face of the final judgment. See Applegate v. Barne…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Whelan v. Whelan, 736 So. 2d 732 (Fla. 4th DCA 1999)
- Sekot Labs., Inc. v. Gleason, 585 So. 2d 286 (Fla. 3d DCA 1990)