Deleo v. Federated Nat'l Ins. Co.

Full title: JACK DELEO and AMY DELEO, Appellants, v. FEDERATED NATIONAL INSURANCE…

Court: Florida Court of Appeals, Fourth District

Date published: Aug 4, 2021

No. 4D20-1094 (Fla. Dist. Ct. App. Aug. 4, 2021)

Opinion

4D20-1094

08-04-2021

JACK DELEO and AMY DELEO, Appellants, v. FEDERATED NATIONAL INSURANCE COMPANY, Appellee.

Daniel A. Norton of Shochet Law Group, Boynton Beach, for appellants. Christopher L. Kirwan of Kirwan Spellacy &Danner, P.A., Fort Lauderdale, and Warren B. Kwavnick of Cooney Trybus Kwavnick Peets, Fort Lauderdale, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Gerard Joseph Curley, Judge; L.T. Case No. 502016CA013044AXXXMB.

Daniel A. Norton of Shochet Law Group, Boynton Beach, for appellants.

Christopher L. Kirwan of Kirwan Spellacy &Danner, P.A., Fort Lauderdale, and Warren B. Kwavnick of Cooney Trybus Kwavnick Peets, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) ("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 [and] [w]ithout knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.").

FORST, KLINGENSMITH and ARTAU, JJ., concur.