27 Fla. L. Weekly Supp. 863a
Online Reference: FLWSUPP 2710MARRInsurance — Appeals — Absent transcript of hearing on motion for summary judgment, appellate court cannot determine whether issue raised on appeal was presented to trial court — Affirmance is required
ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Appellants, v. UNITED MEDICAL & REHABILITATION, a/a/o Yinet Marrero, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 2018-199-AP-01. L.T. Case No.: 12-00405 CC (26). November 20, 2019. On Appeal from County Court in and for Miami-Dade County, Lawrence King, Judge. Counsel: Rachel M. LaMontagne, Shutts & Bowen LLP; and Scott E. Danner, Kirwan, Spellacy & Danner, for Appellant. Corredor, Husseini & Snedaker, P.A.; and David B. Pakula, David B. Pakula, P.A., for Appellee.
(Before DARYL TRAWICK, LISA WALSH and THOMAS REBULL, JJ.)OPINION
(PER CURIAM.) Allstate Property & Casualty Insurance Company (“Allstate”) appeals from a final summary judgment entered for United Medical & Rehabilitation, a/a/o Yinet Marrero (“United Medical”). We affirm. Because there is no transcript of the underlying final hearing on reconsideration, this Court cannot ascertain on what basis Allstate argued against the motion for summary judgment. Thus, Allstate fails to establish that it presented the evidentiary issue raised on appeal to the trial court below. See Rose v. Clements, 973 So, 2d 529 (Fla. 1st DCA 2007) [33 Fla. L. Weekly D56a] (affirming, where “[d]ue to the insufficient record, this court is unable to determine on what basis, if any, Appellants argued against the motion for summary judgment because the hearing on this motion was not recorded”).
We DENY the Appellant’s motion for attorney’s fees. We GRANT Appellee’s motion for appellate attorney’s fees, and remand to the trial court to fix the amount. (DARYL TRAWICK, LISA WALSH and THOMAS REBULL, JJ,, concur.)
