Opinion
Case No. 6D23-1300
03-03-2023
Zachary C. TUOHEY, Appellant, v. Dulisa GARCIA, Appellee.
Brian P. North, of Kenny Leigh & Associates, Pensacola, for Appellant. No appearance for Appellee.
Brian P. North, of Kenny Leigh & Associates, Pensacola, for Appellant.
No appearance for Appellee.
PER CURIAM.
AFFIRMED. See Applegate v. Barnett Bank of Tallahassee , 377 So. 2d 1150, 1152 (Fla. 1979) ("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.").
This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.
COHEN, STARGEL and TRAVER, JJ., concur.