EDDIE LEE REESE, APPELLANT,
v.
AMY LESLIE MARCUS, APPELLEE

Fla. 5th DCA | 2011-11-10
No. 5D11-474
GRIFFIN, LAWSON and TORPY, JJ., concur.
75 So. 3d 339 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Eddie Lee Reese appeals from an order denying his motion to dissolve a Final Judgment of Injunction for Protection Against Domestic Violence. He claims that the trial court erred by failing to afford him basic due process in connection with the hearing on his motion to dissolve the injunction. Because the limited record supplied by Appellant in the appendix to his brief does not support this argument, we affirm. See, e.g., 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 .... [which] includes a demonstration of error from the record, which he must supply”) (quoting Kauffmann v. Baker, 392 So.2d 13, 15 (Fla. 4th DCA 1980) (emphasis in original)).

AFFIRMED.

GRIFFIN, LAWSON and TORPY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …[w]ithout receiving a reasonably equivalent value in exchange.” The complaint tracked the language of sections 726.105 and 726.106, Florida Statutes (2012). This was sufficient to state a claim of fraudulent transfer. See, e.g., Rodriguez v. Nieves, 75 So. 3d 339, 340 (Fla. 3d DCA 2011). The circuit court improperly looked beyond the four corners of the complaint when it dismissed counts V and VI under New Holland, 579 So. 2d 215. “[A] motion to dismiss for failure to state a cause of action is not a substi…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw