TUOHEY v. GARCIA (2023)

District Court of Appeal of Florida, Sixth District.

Zachary C. TUOHEY, Appellant, v. Dulisa GARCIA, Appellee.

Case No. 6D23-1300

Decided: March 03, 2023

Brian P. North, of Kenny Leigh & Associates, Pensacola, for Appellant. No appearance for Appellee.

AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. 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.”).¹

FOOTNOTES

1. This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

PER CURIAM.

COHEN, STARGEL and TRAVER, JJ., concur.

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