SANDRA HILL, APPELLANT,
v.
JAMES HILL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the trial court's order because the appellant failed to provide an adequate record for review.
The former wife appealed a supplemental judgment modifying custody to the former husband. She was directed to file an appendix compliant with Rule 9.2…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adequate Record On Appeal cases and more on FLexlaw
[*100] PER CURIAM.
Sandra Hill, the former wife, appeals a Supplemental Judgment on Former Husband’s Supplemental Petition for Modification of Custody, transferring primary residential custody to James Hill, the former husband. We affirm.
Because this is a review of a non-final order, the former wife was directed by an order of this court to file the initial brief, “accompanied by an appendix which complies with Florida Rule of Appellate Procedure 9.220.” Rule 9.220 is clear that the “purpose of an appendix is to permit the parties to prepare and transmit copies of such portions of the record deemed necessary to an understanding of the issues presented.” Fla.R.App.P. 9.220 (emphasis supplied). The appendix attached to the former wife’s initial brief includes only orders rendered by the trial court. No additional record or appendix was filed.
This court is unable to determine if there is competent substantial evidence to support the trial court’s modification of custody because the former wife failed to include an adequate record in the appendix. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979) (“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 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”). The former wife’s failure to prepare an adequate appendix for our review is fatal to her claim.
Accordingly, we affirm the order on appeal.
BARFIELD, C.J., KAHN and DAVIS, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hill v. Hill, 778 So. 2d 967 (Fla. 2001)…ase, the trial court transferred primary residential custody from Petitioner, Sandra Hill, the former wife, to Respondent James Hill, the former husband, in response to the former husband’s post-judgment petition to modify custody. See Hill v. Hill, 765 So. 2d 99 (Fla. 1st DCA 2000). The former wife appealed this order to the First District Court of Appeal, which sua sponte directed that the case be afforded expedited treatment because it “directly involved the welfare of a child.” The First District then re…1 / 2
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)