DARRYL JAMES MCGLAMRY, APPELLANT,
v.
KAY ELIZABETH VOYTEK, APPELLEE
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PER CURIAM.
Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). The appellant claims that he did not receive proper notice of a hearing on his motion to hold appellee in contempt for failure to provide him the agreed visitation with his daughter. At a hearing set by appellee to strike the case from a trial calendar, the trial court ruled on the earlier filed motion for contempt. We are advised by appellant himself that he testified as to the matter of visitation and thus the issues were addressed at the hearing. It is appellant’s duty to provide this court with a record which demonstrates the error complained of. Without a record we cannot determine whether the appellant objected at the hearing to the court’s determination of the matter of visitation. By failing to object or by proceeding with the substance of the motion, appellant would have waived any objections to lack of notice. Without a proper record we also cannot determine whether the court erred in the substance of the order entered.
Finally, we note that appellee has conceded in her answer brief that the trial court does have continuing jurisdiction over this matter. DELL, WARNER and POLEN, JJ., concur.
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P.B. and B.B. v. Dep't of Child. & Fam. Servs., 709 So. 2d 590 (Fla. 4th DCA 1998)…in the proceedings below or request a continuance. The first time they raised the issue was on appeal. By failing to object and by proceeding on the matter at the hearing, Appellants waived their objections to the lack of notice. McGlamry v. Voytek, 659 So. 2d 1184, 1184-85 (Fla. 4th DCA 1995). STONE, C.J., and KLEIN and GROSS, JJ., concur.…
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DeROSA v. Pugliese, 782 So. 2d 1011 (Fla. 4th DCA 2001)…affirmative defenses before the clerk entered its default. Therefore, appellants were not required to raise the argument in the trial court that the default was void in order to preserve that point for appellate review. See Sunniland Bank v. Mosley, 659 So. 2d 1184 (Fla. 4th DCA 1995); Clement v. Marcus, Stowell & Beye, Inc., 516 So. 2d 1137 (Fla. 4th DCA 1987); Gibraltar Serv. Corp. v. Lone and Assoc., 488 So. 2d 582 (Fla. 4th DCA 1986); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734 (Fla. 3d DC…
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BOB White's CAP, Inc. v. Ocean Foods, Inc., 790 So. 2d 1288 (Fla. 4th DCA 2001)…efaults. We find that Gibraltar Serv. Corp. v. Lone and Assocs., Inc., 488 So. 2d 582 (Fla. 4th DCA 1986), controls and the default should have been vacated. See also DeRosa v. Pugliese, 782 So. 2d 1011 (Fla. 4th DCA 2001); Sunniland Bank v. Mosley, 659 So. 2d 1184 (Fla. 4th DCA 1995). We, therefore, reverse and remand for the trial court to vacate the default and [*1289] the final judgment entered thereon and for further proceedings. REVERSED and REMANDED. GUNTHER, FARMER and HAZOURI, JJ., concur.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)