LUIS A. SORO
v.
PEDRO JOSE LOPEZ VILLARI
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The circuit court's judgment is affirmed because the appellant demonstrated no preliminary basis for reversal in the initial brief.
[1] A court of appeals may summarily affirm an order under Florida Rule of Appellate Procedure 9.315(a) when the appellant's initial brief fails to demonstrate a preliminary…
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Join FLexlaw to unlock all legal intelligence“After service of the initial brief..., the court may summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated”
Rule 9.315(a) standard for summary affirmance
Luis A. Soro appealed a judgment entered against him in Miami-Dade County Circuit Court by Judge Samantha Ruiz Cohen.…
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PER CURIAM.
Affirmed on the authority of Florida Rule of Appellate Procedure 9.315(a) (providing: “After service of the initial brief..., the court may summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated”). See also Soro v. Lopez, 300 So. 3d 152 (Table) (Fla. 3d DCA 2020); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding: “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”).
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Citator
Cited By
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Soro v. Villari, 300 So. 3d 152 (Fla. 3d DCA 2021)…e of Appellate Procedure 9.315(a) (providing: “After service of the initial brief..., the court may summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated”). See also Soro v. Lopez, 300 So. 3d 152 (Table) (Fla. 3d DCA 2020); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding: “Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclud…
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Beard v. United States, 992 F.2d 1516 (11th Cir. 1993)
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Soro v. Villari, 300 So. 3d 152 (Fla. 3d DCA 2021)