E.M., FATHER OF G.T.E-M., S.K.E-M., S.Q.E-M., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The appellate court affirmed the termination of parental rights, holding that the appellant's failure to provide a trial transcript mandates affirmance unless fundamental error is apparent. The court found no such error on the face of the order.
No, the appellate court held that the lack of a complete transcript mandates affirmance unless fundamental error appears on the face of the order. The record before the court supported termination.
[1] In a termination of parental rights proceeding, when a complete transcript of the trial proceedings is not provided to the appellate court, the judgment must be affirmed…
[2] An appellant's failure to obtain a complete transcript of trial proceedings, despite recognizing the absence in briefing, will be held against the appellant in appellate…
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Join FLexlaw to unlock all legal intelligence““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.””
Establishes the general rule that a lack of record prevents appellate review of factual sufficiency.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant failed to appear at a termination of parental rights hearing, resulting in a partial transcript. He did not seek to supplement the appel…
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PER CURIAM.
E.M. appeals from a termination of parental rights proceeding held in his absence. Due to his failure to appear, only a partial transcript was made, and E.M. never sought at the trial court nor on appeal to have a complete transcript prepared. He now claims that because he failed to attend the hearing and then failed to have the hearing transcribed,* we must reverse the trial court’s
* E.M. has still not sought to supplement the record with the transcript (or statement of the evidence) despite its absence being recognized in the initial, answer, and reply briefs. It cannot be said the failure to furnish it was “mere oversight unknown to judgment terminating his parental rights because there is a lack of evidence to support it. We disagree.
“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.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). “Even in a termination of parental rights proceeding, the lack of a transcript mandates affirmance unless fundamental error appears on the face of the order.” D.R. v. Dep’t of Children & Families, 236 So. 3d 1175, 1177 (Fla. 1st DCA 2018). The face of the order indicates testimony was heard in Appellant’s absence and appropriate findings were made, and the record before us supports termination.
AFFIRMED. LEWIS, NORDBY, and LONG, JJ., concur. _____________________________
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