JARAMILLO V. WEHBE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2004 MARIA SAJA JARAMILLO DE UEJBE and ISIDRO A. UEJBE, Appellant, vs. ** ** ** CASE NO. 3D02-2543 ** AMERICO E. WEHBE and MARIE IRENE ** ORIHUELA SEROUX, ** Appellee. LOWER TRIBUNAL NO. 98-25505 Opinion filed July 7, 2004. An Appeal from the Circuit Court for Miami-Dade County, Barbara S. Levenson, Judge. Maria Sara Jaramillo De Uejbe and Isidro A. Uejbe, in proper person. Jonas and Silberman, P.A., and Daniel E. Jonas, for appellee. Before COPE, LEVY and SHEPHERD, JJ. PER CURIAM. Maria Saja Jaramillo de Uejbe and Isidro A. Uejbe appeal a final judgment after non-jury trial in an ejectment case. We affirm. The determination of the credibility of witnesses is for the trial court, not this court. See Marrone v. Miami Nat l Bank, 507 So. 2d 652, 653 (Fla. 3d DCA 1987). Any issue regarding the sufficiency of the evidence is precluded by the absence of a trial transcript. See Applegate v. Barnett Bank, 377 So. 2d 1150, 1152 (Fla. 1979). The argument that this civil action was barred by the res judicata effect of an earlier county court proceeding is not properly preserved for appellate review. That being so, we need not address appellees alternative argument that even if it had been properly analysis preserved, applies to it the would have argument no merit. pertaining The to same adverse possession. The appellants argue that the trial court failed to rule on their counterclaim. However, it is clear from the wording of the judgment that the trial court ruled in favor of appellees on all claims. Given the findings in the court s judgment, it necessarily follows that the counterclaim fails. Affirmed. 2

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