Contreras v. Bank of N.Y. Mellon, 259 So. 3d 310 (2018)

Dec. 5, 2018 · District Court of Appeal of Florida, Third District · No. 3D18-36
259 So. 3d 310

Hugo CONTRERAS and Marie N. Contreras, Appellants,
v.
The BANK OF NEW YORK MELLON, Appellee.

No. 3D18-36

District Court of Appeal of Florida, Third District.

Opinion filed December 5, 2018

Hugo Contreras and Marie N. Contreras, in proper persons.

McCalla Raymer Leibert Pierce, LLC, and Curtis A. Wilson (Orlando), for appellee.

Before LAGOA, SALTER and EMAS, JJ.

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) (holding: "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 cannot 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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal. The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.") See also New England Ins. Co. v. Int'l Bank of Miami, N.A., 537 So.2d 1025, 1025 (Fla. 3d DCA 1988) (holding: "Even though it consists only of citations of authority without further explanation, a per curiam decision of the appellate court is the law of the case between the same parties on the same issues and facts, and determines all issues necessarily involved in the appeal, whether mentioned in the court's opinion or not.")