PHILLIP R. NEWBERRY
v.
US ROAD, INC.
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The trial court's judgment in favor of the appellee in a small claims dispute over vehicle damage was affirmed because the appellant failed to develop an adequate record demonstrating a basis for reversal.
[1] A party may be subject to summary affirmance on appeal when the appellate record is undeveloped and demonstrates no preliminary basis for reversal under Florida Rule of A…
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Join FLexlaw to unlock all legal intelligence“the court may summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated”
Citation to Florida Rule of Appellate Procedure 9.315(a) explaining the basis for summary affirmance
Phillip R. Newberry appealed a final judgment rendered against him in favor of US Road, Inc. in a small claims action involving damage to his luxury v…
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Opinion filed February 19, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1739 Lower Tribunal No. 24-106880-SP-24
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Phillip R. Newberry,
Appellant,
vs.
US Road, Inc.,
Appellee.
An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. Phillip R. Newberry, in proper person. No appearance, for appellee. Before EMAS, SCALES, and MILLER, JJ. PER CURIAM. Appellant, Phillip R. Newberry, appeals from a final judgment rendered in favor of appellee, US Road, Inc., in a small claims dispute over damage to his luxury vehicle. Given the undeveloped record and the findings in the final judgment, we affirm on the authority of Florida Rule of Appellate Procedure 9.315(a). See id. (“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.”). Affirmed.