Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Abraham Benenson and Diana Benenson, Appellants, v. Alla Marchenko, Appellee.
Diana Minina a/k/a Diana Benenson and Farid Aghayev a/k/a Abraham Benenson (“Tenants”), the defendants below, appeal the trial court's final judgment awarding Alla Marchenko (“Landlord”), the plaintiff below, damages in the total sum of $15,075.00 for the Tenants’ default in payment of rent under the parties’ lease agreement.
We summarily affirm the trial court's final judgment because the Tenants have not provided a transcript of the non-jury trial proceedings and, thus, have failed to bring a proper record for this court's review. See Fla. R. App. P. 9.315(a). As the Tenants have failed to meet their responsibility to ensure that a record adequate to permit resolution of the issues raised on appeal be prepared and transmitted to the appellate court, the Tenants fail to meet their burden of establishing reversible error to overcome the presumption of correctness afforded to the trial court's decision. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (it is the duty of the appellant to bring before the appellate court a record which is adequate to support his or her appeal); Gaspard v. Innocent, 389 So. 3d 638, 639 (Fla. 3d DCA 2023) (holding that affirmance is required where there is no transcript or proper substitute and no fundamental error on the face of the order appealed).
Affirmed.
PER CURIAM.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 3D25-0770
Decided: October 01, 2025
Court: District Court of Appeal of Florida, Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)