MIARE, LLP, etc., vs MAVERICK UNITED ELEVATOR, LLC, etc.,

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Third District Court of Appeal State of Florida Opinion filed November 27, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-0645 Lower Tribunal No. 17-28815 ________________ Miare, LLP, etc., Appellant, vs. Maverick United Elevator, LLC, etc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Hutchison & Tubiana, P.L.L.C., and David G. Hutchison, and Vincent J. Tubiana, for appellant. Sheldon R. Rosenthal, for appellee. Before LINDSEY, HENDON, and MILLER, JJ. PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). (“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.”). 2

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