PEACOCK SERVICES LLC v. PRO FORM SPORTS LLC IMG ACADEMY LLC MONTVERDE ACADEMY INC (2023)

District Court of Appeal of Florida, Sixth District.

PEACOCK SERVICES, LLC, Appellant, v. PRO FORM SPORTS, LLC, IMG ACADEMY, LLC, and MONTVERDE ACADEMY, INC., Appellee.

Case No. 6D23-1916

Decided: October 20, 2023

Jacqueline Brown and Scott W. Machnik, of Marlowe McNabb Machnik, P.A., Tampa, for Appellant. Loren M. Vasquez, Phillip S. Smith, and Daniel J. Kersey, of McLin Burnsed, P.A., Leesburg, for Appellee, Montverde Academy, Inc. No Appearances for Appellees, Pro Form Sports, LLC, and IMG Academy, LLC.

AFFIRMED. See Hu v. Crockett, 426 So. 2d 1275, 1277 (Fla. 1st DCA 1983) (“Our initial review of this case suggested that an affirmance of the court's order directing a change of venue ․ would be necessary, because no record of the hearing was presented on appeal. Consequently, we would not have known the complete factual setting presented to the lower court, nor would we have had any way of determining whether the lower court misapplied the law. Because the lower court's determination is clothed with a presumption of correctness, we would have been required to affirm.” (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).”); Wright-Douglas v. Myles, 282 So. 3d 77 (Fla. 2d DCA 2019).

PER CURIAM.

NARDELLA, WOZNIAK and SMITH, JJ., concur.

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