MARTIN FRANCES BOYLAN, APPELLANT,
v.
ELIZABETH BOYLAN, APPELLEE
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Husband's appeal from dissolution judgment awarding wife rehabilitative alimony and child support is affirmed because the trial transcript was not provided and the trial court's judgment was not fundamentally erroneous on its face.
When no trial transcript or approved statement of evidence exists, an appellate court must affirm the trial court's judgment unless it is fundamentally erroneous on its face.
[1] When a trial is not transcribed and no approved statement of evidence is provided, an appellate court must affirm the trial court's judgment unless the judgment is fundam…
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Join FLexlaw to unlock all legal intelligenceHusband appealed a final judgment of dissolution that awarded the wife rehabilitative alimony and child support. The trial was not transcribed and the…
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PER CURIAM.
The husband appeals from a final judgment of dissolution which awarded the wife rehabilitative alimony and child support. The trial in this cause was not transcribed. The trial court was unable to recall the evidence presented and denied the husband’s motion to settle and approve either party’s statement of the evidence. Fla.R. App.P. 9.200(b)(3).
The findings and judgment of the trial court come to this court with a presumption of correctness. Wright v. Wright, 431 So. 2d 177 (Fla. 5th DCA 1983). Appellant has the burden of bringing before the appellate court an adequate record to support his appeal. Wright.
When there is no record of the witnesses’ testimony and the evidentiary rulings and when a statement of the evidence has not been approved by the trial court pursuant to Florida Rule of Appellate Procedure 9.200(b)(3) then the record is not adequate for appellate review. Wright. The judgment below should then be affirmed unless the judgment is fundamentally erroneous on its face. In re Guardianship of Read, 555 So. 2d 869 (Fla. 2d DCA 1990); Ahmed v. Travelers Indemnity Co., 516 So. 2d 40 (Fla. 3d DCA 1987); Damkohler v. Damkohler, 336 So. 2d 1243 (Fla. 4th DCA 1976). The trial court’s order in this cause was not fundamentally erroneous, therefore we affirm the judgment below.
Affirmed.
GLICKSTEIN and WARNER, JJ., concur. ANSTEAD, J., dissents with opinion.
ANSTEAD, Judge,
dissenting.
As in Casella v. Casella, 569 So. 2d 848 (Fla. 4th DCA 1990), it appears that the trial court has made awards that are unreasonable in view of the parties’ needs and abilities.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Polizzi v. Polizzi, 600 So. 2d 490 (Fla. 5th DCA 1992)…e or policy covering timely rendition of judgments, but we should not do so on an ad hoc basis. . Vandergriff v. Vandergriff, 456 So. 2d 464 (Fla.1984); McNair v. Pavlakos/McNair Development Co., 576 So. 2d 933 (Fla.5th DCA 1991); Boylan v. Boylan, 571 So. 2d 580 (Fla.4th DCA 1990); Wright v. Wright, 431 So. 2d 177 (Fla.5th DCA 1983). . Blue Lakes Apartments v. George Gowing, Inc., 464 So. 2d 705 (Fla.4th DCA 1985); Lurio v. Lurio, 443 So. 2d 197 (Fla.3d DCA 1983); Arnold v. Taco Properties, Inc., 427 So. 2…
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de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)…ecord that will overcome the presumption that the trial court’s findings are correct. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); McNair v. Pavlakos/McNair Dev. Co., 576 So. 2d 933 (Fla. 5th DCA 1991); Boylan v. Boylan, 571 So. 2d 580 (Fla. 4th DCA 1990); Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987). However, the majority now places this financial burden on the Master, and consequently, the county who finances the Masters. In all likelihood, this is an addition…
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Schmidt v. Drew D. Schmidt, 997 So. 2d 451 (Fla. 2d DCA 2008)…to consider the husband’s statement of the evidence under rule 9.200(b)(4) because the wife objected to it and the trial court was unable to settle and approve it); Burke v. Burke, 864 So. 2d 1284, 1284 (Fla. 1st DCA 2004) (same); Boylan v. Boylan, 571 So. 2d 580, 580 (Fla. 4th DCA 1990) (finding that neither party’s statement of the evidence was approved by the trial court and therefore the record was not adequate for appellate review). Here, because the trial court did not approve either the Husband’s or…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wright v. Huretta Moss Wright, 431 So. 2d 177 (Fla. 5th DCA 1983)
- Casella v. Casella, 569 So. 2d 848 (Fla. 4th DCA 1990)
- Nuzhat Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987)
- Damkohler v. Heidi Damkohler (Pollmann), 336 So. 2d 1243 (Fla. 4th DCA 1976)
- In re Guardianship OF Georgina H. Read v. Kenefick, 555 So. 2d 869 (Fla. 2d DCA 1989)