15 Fla. L. Weekly Supp. 583a

Insurance — Automobile — Appeals — Timeliness — Appeal was timely filed where motion for rehearing tolled rendition of final default judgment until order disposing of motion was rendered — Absence of transcript — Issues not raised below — Affirmance of lower court ruling

MARIA ELENA MARTINEZ, Appellant, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o CATHY PIERCE, et al., Appellees. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 07-10590 (14). March 10, 2008. Counsel: Vance Alexander, Cocoa.

OPINION

(THOMAS M. LYNCH IV, J.) The Appellant seeks review of the Default Final Judgment entered on April 4, 2007. Despite Appellees’ argument to the contrary, the Notice of Appeal filed May 10, 2008 was not untimely. Since the above-referenced order was a final judgment, the Motion for Rehearing tolled the rendition of the judgment until the order disposing of it was rendered on April 11, 2007. Florida Farm Bureau Ins. Co. v. Austin Carpet Service, Inc., 382 So.2d 305 (1st DCA 1979). Therefore, the Notice filed May 10, 2007 gave this court jurisdiction of the appeal.

However, on appeal, the lower court’s judgment is entitled to a presumption of correctness. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979). It is the Appellant’s burden to demonstrate error. Id. Having failed to provide this court with a transcript of the hearing before the lower court, the Appellant has failed to meet that burden. See Applegate. Further, the appellate courts will not consider alleged facts or arguments that an Appellant does not prove were presented to the lower court first. Monasmith v. Monasmith, 954 So.2d 1271 (Fla. 1st DCA 2007).

Accordingly, the judgment under review is AFFIRMED.