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Miles v. Miami Postal Serv. Credit Union

Third District Court of Appeal State of Florida
Feb 12, 2020
No. 3D18-1440 (Fla. Dist. Ct. App. Feb. 12, 2020)

Opinion

No. 3D18-1440

02-12-2020

Andre Miles and Patricia Emery, etc., Appellants, v. Miami Postal Service Credit Union, Appellee.

Laurent Law Office, P.L., and Hegel Laurent (Plantation), for appellants. Welbaum Guernsey, and Robert A. Hingston, for appellee.


Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 14-19008 An Appeal from the Circuit Court for Miami-Dade County, Bronwyn C. Miller, Judge. Laurent Law Office, P.L., and Hegel Laurent (Plantation), for appellants. Welbaum Guernsey, and Robert A. Hingston, for appellee. Before LOGUE, HENDON and GORDO, JJ. PER CURIAM.

Affirmed. See McCormack v. Flens, 27 So. 3d 179, 181 (Fla. 2d DCA 2010) ("Under the civil theft statute, a potential plaintiff must first make a written demand for payment upon a defendant and, if the defendant complies with the demand within thirty days, the defendant is released from further liability." (citing § 772.11, Fla. Stat. (2006))); Rollins, Inc. v. Heller, 454 So. 2d 580, 585 (Fla. 3d DCA 1984) (concluding that a FDUTPA claim requires proof of actual, not consequential, damages (quoting § 501.211(2), Fla. Stat. (1981))); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) ("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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal. The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.").


Summaries of

Miles v. Miami Postal Serv. Credit Union

Third District Court of Appeal State of Florida
Feb 12, 2020
No. 3D18-1440 (Fla. Dist. Ct. App. Feb. 12, 2020)
Case details for

Miles v. Miami Postal Serv. Credit Union

Case Details

Full title:Andre Miles and Patricia Emery, etc., Appellants, v. Miami Postal Serviceā€¦

Court:Third District Court of Appeal State of Florida

Date published: Feb 12, 2020

Citations

No. 3D18-1440 (Fla. Dist. Ct. App. Feb. 12, 2020)