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FRANCIUS v. CARLOS AUTO RENTAL SERVICES INC (2024)

District Court of Appeal of Florida, Third District.2024-07-17No. No. 3D23-2107

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Opinion

After a non-jury trial was held, the trial court entered judgment in favor of the Appellees (Plaintiffs below) in the amount of $25,000.00, finding that, based on the greater weight of the evidence, the payment was a loan and that the Appellants (Defendants below) failed to repay the loan as agreed between the parties. There is no transcript of the non-jury trial. As such, we are constrained to affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”); Horatio Enters., Inc. v. Rabin, 614 So. 2d 555, 556 (Fla. 3d DCA 1993) (“The rulings of a trial court arrive in appellate courts with the presumption of correctness and appellate courts must interpret the evidence in a manner most favorable to sustain the trial courts rulings.”); Hernandez v. Vidal, 354 So. 3d 632, 633 (Fla. 3d DCA 2023) (“The findings of a trial court come to an appellate court clothed with a presumption of correctness.”).

Affirmed.

PER CURIAM.