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Hoyos v. Atl. View Partners, Ltd.

Florida Court of Appeals, Third District
Mar 16, 2022
No. 3D21-0621 (Fla. Dist. Ct. App. Mar. 16, 2022)

Opinion

3D21-0621

03-16-2022

Alberto Hoyos, Appellant, v. Atlantic View Partners, Ltd., etc., Appellee.

Alberto Hoyos, in proper person. Fields Howell LLP and Armando P. Rubio and Pedro J. Collazo and Michael J. Ellis, for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 17-15901, Alan Fine, Judge.

Alberto Hoyos, in proper person.

Fields Howell LLP and Armando P. Rubio and Pedro J. Collazo and Michael J. Ellis, for appellee.

Before LINDSEY, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) (explaining that "[i]n appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error," so "the lack of a trial transcript or a proper substitute" results in record that is "inadequate to demonstrate reversible error" and requires affirmance); Cox v. Burke, 706 So.2d 43, 46-47 (Fla. 5th DCA 1998) (finding no abuse of discretion in dismissing action for fraud on court where it clearly and convincingly can be demonstrated that party has sentiently set in motion some unconscionable scheme calculated to interfere with judicial system's ability impartially to adjudicate matter by improperly influencing trier of fact or unfairly hampering presentation of opposing party's claim or defense, and where party lies about matters pertinent to its own claim or portion thereof and perpetrates fraud that permeates entire proceeding).


Summaries of

Hoyos v. Atl. View Partners, Ltd.

Florida Court of Appeals, Third District
Mar 16, 2022
No. 3D21-0621 (Fla. Dist. Ct. App. Mar. 16, 2022)
Case details for

Hoyos v. Atl. View Partners, Ltd.

Case Details

Full title:Alberto Hoyos, Appellant, v. Atlantic View Partners, Ltd., etc., Appellee.

Court:Florida Court of Appeals, Third District

Date published: Mar 16, 2022

Citations

No. 3D21-0621 (Fla. Dist. Ct. App. Mar. 16, 2022)