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Reese v. Marcus

District Court of Appeal of Florida, Fifth District
Nov 10, 2011
Case No. 5D11-474 (Fla. Dist. Ct. App. Nov. 10, 2011)

Opinion

Case No. 5D11-474.

Opinion filed November 10, 2011.

Non Final Appeal from the Circuit Court for Volusia County, Julianne Piggotte, Judge.

Eddie Lee Reese, Bushnell, pro se.

No Appearance for Appellee.


Eddie Lee Reese appeals from an order denying his motion to dissolve a Final Judgment of Injunction for Protection Against Domestic Violence. He claims that the trial court erred by failing to afford him basic due process in connection with the hearing on his motion to dissolve the injunction. Because the limited record supplied by Appellant in the appendix to his brief does not support this argument, we affirm. See, e.g., Starks v. Starks, 423 So. 2d 452, 453-54 (Fla. 1st DCA 1982) (finding that without a transcript of the hearing, the appellate court is unable to ascertain whether the lower court erred; noting that "[t]he appellant retains the burden of overcoming the presumption of correctness. . . . [which] includes a demonstration of error from the record, which he must supply") (quoting Kauffmann v. Baker, 392 So. 2d 13, 15 (Fla. 4th DCA 1980) (emphasis in original).

AFFIRMED.

GRIFFIN, LAWSON and TORPY, JJ., concur.


Summaries of

Reese v. Marcus

District Court of Appeal of Florida, Fifth District
Nov 10, 2011
Case No. 5D11-474 (Fla. Dist. Ct. App. Nov. 10, 2011)
Case details for

Reese v. Marcus

Case Details

Full title:EDDIE LEE REESE, Appellant, v. AMY LESLIE MARCUS, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 10, 2011

Citations

Case No. 5D11-474 (Fla. Dist. Ct. App. Nov. 10, 2011)