LISA RENAE SAVAGE-MEYERS, APPELLANT,
v.
PATRICK MICHAEL MEYERS, APPELLEE
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Appellate court affirmed a temporary child support order of $783 per month because the appellant failed to provide a complete record for appellate review.
An appellant's failure to provide a complete record of trial proceedings prevents appellate review and results in affirmance of the trial court's judgment.
[1] An appellant's failure to provide a complete record of trial proceedings prevents appellate review and results in affirmance of the trial court's decision.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”
The court cited Applegate v. Barnett Bank of Tallahassee to explain the burden on appellants to provide adequate records for appellate review.
The former wife appealed a temporary child support order of $783 per month for two children, arguing the obligor's support obligations should be subst…
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PER CURIAM.
Lisa Renae Savage-Meyers (the former wife) appeals a temporary order establishing at $783 per month the temporary child support obligations of appellee, Patrick Michael Meyers. We have jurisdiction pursuant to rule 9.130(3)(C)(iii), Florida Rules of Appellate Procedure. The former wife contends that the appellee’s support obligations for the parties’ two children should be substantially higher based on the parties’ respective incomes and the cost of child care. The former wife has failed, however, to provide a record that includes the evidence on which her arguments are based. As the Florida Supreme Court has explained in Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1980):
In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court cannot 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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal. ...
Because the appellant failed to provide a record by which this court could review the ruling of the trial court, we affirm.
AFFIRMED.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
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State v. A.C., 714 So. 2d 617 (Fla. 4th DCA 1998)…, 683 So. 2d 109, 112 (Fla.1996) (citing California Dep’t of Corrections v. Morales, 514 U.S. 499, 115 .S.Ct. 1597, 131 L.Ed.2d 588 (1995)), cert. denied, — U.S. -, 117 S.Ct. 1018, 136 L.Ed.2d 894 (1997), as has this court, see Stuberfield v. State, 690 So. 2d 636, 638 (Fla. 4th DCA 1997) (“It is true that a mere ‘disadvantage’ to a defendant no longer amounts to an ex post facto violation.”) (Stevenson, J., dissenting). The petitioner relies on Dugger v. Williams, 593 So. 2d 180, 181 (Fla.1991), emphasizing…
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Tebrugge v. Eastman, 703 So. 2d 1166 (Fla. 1st DCA 1997)…financial resources of the parties and the other facts and argument supporting any such fees were presented for evaluation by the trial court. Thus, the record before us is inadequate for appellate review on this issue. See Savage-Meyers v. Meyers, 690 So. 2d 636 (Fla. 1st DCA 1997); Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979). Finding no reversible error, we AFFIRM. JOANOS, WOLF and VAN NORTWICK, JJ., concur.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)