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LUIS A. SORO v. PEDRO JOSE LOPEZ VILLARI
Citation: Not availableDocket: 21-1261
Court: District Court of Appeal of Florida; September 1, 2021; Florida; State Appellate Court
Original Court Document: View Document
Luis A. Soro appealed a decision from the Circuit Court for Miami-Dade County, presided over by Judge Samantha Ruiz Cohen, concerning case number 19-16697. The Third District Court of Appeal, in its opinion filed on September 1, 2021, addressed Soro's motion for rehearing en banc. The court denied this motion and withdrew its previous opinion, replacing it with a new ruling that affirmed the lower court's decision. The court cited Florida Rule of Appellate Procedure 9.315(a), indicating that after the initial brief is served, an appellate court may summarily affirm an order if no basis for reversal is demonstrated. The decision referenced prior case law, specifically noting that without a record of the trial proceedings, the appellate court cannot adequately address factual issues or determine if the trial court’s judgment was supported by evidence. Therefore, without the necessary factual context, the appellate court could not conclude that the trial judge misapplied the law, which precluded reversal of the original judgment.