JORGE GONZALEZ-BARRERA AND ABNIEL GARCIA, APPELLANTS,
v.
MAJORCA TOWERS CONDOMINIUM, INC., APPELLEE

Fla. 3d DCA | 2016-06-01
Nos. 3D15-1928, 3D15-1370
Before SUAREZ, C.J., and ROTHENBERG and EMAS, JJ.
197 So. 3d 591 Florida District Court of Appeal, Third District (2016) Positive Treatment
Cited by 5 cases
Topics
Factual Issues Appellate Review Of Factual Findings Appellate Review

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank, 377 So.2d 1150, 1152 (Fla.1979) (holding that “[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”); Colucci v. Kar Kare Auto. Grp., Inc., 918 So.2d 431, 438 (Fla. 4th DCA 2006) (observing that the Florida Supreme Court has cautioned restraint when appellate courts review an order imposing injunctive relief that rests on factual matters and requires the trial court to exercise its sound discretion: “This is particularly true where the order relies on live testimony or -other evidence that the trial court is singularly well-suited to evaluate.”) (quoting Operation Rescue v. Women’s Health Ctr., 626 So.2d 664, 670 (Fla.1993), modified in part on other grounds sub nom. Madsen v. Women’s Health Ctr., Inc., 512 U.S. 753, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994)).

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Citator

Cited By

  • Flatirons Bank v. The Alan W. Steinberg Ltd. P'ship, 233 So. 3d 1207 (Fla. 3d DCA 2017)
    …ewed the four corners of Flatirons’s complaint, along with its extensive exhibits, in search pf a nexus between 'the state of Colorado and Flatirons’s claim against Steinberg. We engage in the same exercise, de novo, Morejon v. Mariners Hosp., Inc., 197 So. 3d 591, 593 (Fla. 3d DCA 2016), and agree with the trial court. While Yost’s theft of Flatirons’s funds may have occurred in Colorado, nothing alleged in Flatirbns’s complaint or reflected in its exhibits, reveals any conduct, activity or omission by Stein…
  • Gonzalez-Barrera v. Majorca Towers Condo, 272 So. 3d 424 (Fla. 3d DCA 2019)
    …ociation’s argument that affirmance is compelled by the “law of the case” doctrine. Although it is true that this court previously affirmed the temporary injunction entered by the trial court, see Gonzalez-Barrera v. Majorca Towers Condo., Inc., 197 So. 3d 591 (Fla. 3d DCA 2016) (mem.), that per curiam affirmance cited to Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979), which compelled affirmance in the absence of a transcript of the hearing on the motion for temporary injunction.…
  • Gonzalez-Barrera v. Majorca Towers Condo., Inc. (Fla. 3d DCA 2022)

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