ROBERT D. CUMMINGS vs NICOLE CUMMINGS

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ROBERT D. CUMMINGS, Appellant, v. NICOLE CUMMINGS, Appellee. No. 4D18-456 [October 31, 2018] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Janis B. Keyser, Judge; L.T. Case No. 502016DR009124XXXXMB. Robert D. Cummings, North Port, pro se. 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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”). WARNER, MAY and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

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