CUDEIRO V. DEPT. OF REVENUE

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed June 29, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-3191 Lower Tribunal Nos. 10-9821-CS, 131000017998FC, 11322163774 ________________ Luis A. Cudeiro, Appellant, vs. Department of Revenue o/b/o Jennifer Fritz, Appellee. An Appeal from the Department of Revenue. Luis A. Cudeiro, in proper person. Pamela Jo Bondi, Attorney General; Toni C. Bernstein (Tallahassee), Senior Assistant Attorney General, for appellee Department of Revenue. Before RAMIREZ, C.J., and GERSTEN and ROTHENBERG, JJ. ROTHENBERG, J. The appellant, Luis A. Cudeiro ( Cudeiro ), appeals the Final Administrative Paternity and Support Order entered by the State of Florida, Division of Administrative Hearings, establishing paternity and setting Cudeiro s child support obligation. Because Cudeiro presented no evidence and failed to appear for the administrative hearing; and he has not provided this Court with either a transcript of the proceedings or a proper substitute, we affirm. See Taylor Creek Vill. Ass n v. Houghton, 349 So. 2d 1219, 1220 (Fla. 3d DCA 1977) (holding that it is the complaining party s burden to demonstrate that the trial court s findings and conclusions are clearly erroneous); see also Starks v. Starks, 423 So. 2d 452, 453-54 (Fla. 1st DCA 1982) (finding that without a transcript of the hearing, the appellate court is unable to ascertain whether the lower court erred; noting that [t]he appellant retains the burden of overcoming the presumption of correctness attributed to a trial court s final judgment. Appellant s burden includes a demonstration of error from the record, which he must supply ) (quoting Kauffman v. Baker, 392 So. 2d 13, 15 (Fla. 4th DCA 1980)). Affirmed. 2

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