Opinion
5D2024-1003
10-18-2024
Kevin Tate, Appellant, v. Dennis Matthews d/b/a Matthews Realty, Appellee.
Kevin Tate, Jacksonville, pro se.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the County Court for Duval County. LT Case No. 2023-SC-26887 James G.T. Nealis, IV, Judge.
Kevin Tate, Jacksonville, pro se.
No Appearance for Appellee.
PER CURIAM.
AFFIRMED.
MAKAR and EISNAUGLE, JJ., concur EDWARDS, C.J., concurring with opinion.
EDWARDS, C.J., concurring opinion.
"The decision of the trial court is presumed to be correct." Figueroa v. Kossiver, 336 So.3d 1260, 1262 (Fla. 5th DCA 2022) (citing Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979)). In every appeal, the appellant has "the burden . . . to demonstrate error." Filomia v. Celebrity Cruises Inc., 271 So.3d 1199 (Fla. 3d DCA 2019) (quoting Applegate, 377 So.2d at 1152). The fact that Appellant is not represented by counsel here is of no consequence because this burden remains "squarely upon the litigant, whether represented by counsel or not." Steele v. Fla. Unemp. Appeals Comm'n, 596 So.2d 1190, 1192 (Fla. 1st DCA 1992).
In my opinion, Appellant has failed to carry his burden in his initial brief as he does not: cite to the record on appeal, explain what evidence was presented or excluded during trial, or advise us as to what arguments he made to the trial court opposing or requesting any evidence, ruling, or the ultimate outcome of the trial. Arguments not raised in the initial brief are waived. Figueroa, 336 So.3d at 1263. No transcript of the trial was filed with this Court. Furthermore, because they are to remain impartial, courts of appeal are neither required nor permitted to rebrief an appeal for any of the parties. Id. at 1264.