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James v. Hariri

District Court of Appeal of Florida, Fifth District.
Jan 17, 2014
129 So. 3d 1119 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D13–1788.

2014-01-17

Lilia Mercedes JAMES, Appellant, v. Merdad HARIRI, et al., Appellees.

Appeal from the Circuit Court for Orange County, Walter J. Komanski, Judge. Lilia Mercedes James, Maitland, pro se. Wayne Tosko and Todd W. Gretton of Vasquez & Tosko, LLP, Orlando, for Appellees.


Appeal from the Circuit Court for Orange County, Walter J. Komanski, Judge.
Lilia Mercedes James, Maitland, pro se. Wayne Tosko and Todd W. Gretton of Vasquez & Tosko, LLP, Orlando, for Appellees.
PER CURIAM.

Appellant, Lilia Mercedes James, appeals a final judgment entered in favor of Appellees, Merdad Hariri, Shereen Hariri, and C.L. Peng Construction Management, Inc., after a bench trial. James filed a complaint averring that C.L. Peng Construction Management, Inc., was employed by her neighbors, the Hariris, to construct a single family residence upon their property. The complaint alleged that the construction work proximately caused damage to James's property. In its ruling, the trial court found that James did not meet her burden of establishing that the construction work was the cause of any damage to her property.

James has failed to provide a trial transcript as required by Florida Rule of Appellate Procedure 9.200, indicating that doing so is “cost prohibitive.” While we are sympathetic to the costs involved, the challengeto the lower court's decision is factual in nature and cannot be determined without reviewing the trial transcript. Thus, because James did not provide this Court with a transcript from the trial proceedings, we must affirm. See Shuler v. Green Mountain Ventures, Inc., 791 So.2d 1213, 1216 (Fla. 5th DCA 2001).

By order dated July 16, 2013, this Court made clear to James that she bears the burden of providing the transcript.

AFFIRMED.

GRIFFIN, PALMER and COHEN, JJ., concur.




Summaries of

James v. Hariri

District Court of Appeal of Florida, Fifth District.
Jan 17, 2014
129 So. 3d 1119 (Fla. Dist. Ct. App. 2014)
Case details for

James v. Hariri

Case Details

Full title:Lilia Mercedes JAMES, Appellant, v. Merdad HARIRI, et al., Appellees.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Jan 17, 2014

Citations

129 So. 3d 1119 (Fla. Dist. Ct. App. 2014)