Opinion
No. 3D23-0853
09-20-2023
Mark A. KING, Appellant, v. Roys Jose Suarez RIERA, et al., Appellees.
Mark A. King, in proper person.
An Appeal from the County Court for Miami-Dade County, Diana Gonzalez-Whyte, Judge. Lower Tribunal No. 22-23746 SP
Mark A. King, in proper person.
No appearance for appellees.
Before LINDSEY, HENDON and LOBREE, JJ.
PER CURIAM.
Mark A. King appeals from a final judgment entered in favor of the defendants, Roys Jose Suarez Riera and El Motocar Detail Corp., for failure to meet his burdens at a non-jury trial to proffer admissible evidence and sufficiently prove damages. Because there is no transcript of the trial below, King cannot meet his burden to show error. See Albear v. Hillman-Waller, 275 So. 3d 690, 690 (Fla. 3d DCA 2019) ("When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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." (quoting Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))).
Affirmed.