CUENTAS, INC.
v.
SPECTRUM INTELLIGENCE COMMUNICATIONS AGENCY, LLC
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The absence of a hearing transcript at which the trial court made its decision prevents meaningful appellate review of whether the trial court abused its discretion.
[1] The absence of a hearing transcript prevents meaningful appellate review of whether a trial court abused its discretion in making a decision at that hearing.
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Join FLexlaw to unlock all legal intelligence“The absence of a hearing transcript at which the trial court made this decision prevents any meaningful review of whether the trial court abused its discretion in this regard.”
Court explaining the procedural impediment to appellate review
Cuentas, Inc. appealed a decision from the Circuit Court for Miami-Dade County. The record lacked a hearing transcript documenting the trial court's d…
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Third District Court of Appeal State of Florida
Opinion filed July 16, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1669 Lower Tribunal No. 18-27150-CA-01 ________________
Cuentas, Inc., Appellant,
vs.
Spectrum Intelligence Communications Agency, LLC, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.
AM Law LLC, and Gary Murphree, for appellant.
Roniel Rodriguez IV, P.A., and Roniel Rodriguez IV, for appellee.
Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 934–35 (Fla. 3 DCA 2019) (“The absence of a hearing transcript at which the trial court made this decision prevents any meaningful review of whether the trial court abused its discretion in this regard.” (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979)); Ocean Bank v. Caribbean Towers Condo. Ass’n, Inc., 121 So. 3d 1087, 1090 (Fla. 3d DCA 2013) (“[A] procedural bar . . . does not implicate a court’s subject matter jurisdiction. Not being jurisdictional, [the] argument can be waived.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Somma v. Metra Elecs. Corp., 727 So. 2d 302 (Fla. 5th DCA 1999)
- Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933 (Fla. 3d DCA 2019)
- Welch v. Coleman, 121 So. 3d 1087 (Fla. 1st DCA 2013)