RICHARD EDWIN PEARCE, APPELLANT,
v.
JUDITH ANN PEARCE, APPELLEE
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PETERSON, J.
Richard Pearce appeals a final judgment that awarded his former wife, Judith Pearce, one-half of his monthly military retirement pay as an equitable distribution of their marital property.
The record on appeal does not include a transcript of the hearing in which Richard and Judith presented evidence. This evidence may have provided support for the trial court’s findings or it may have demonstrated reversible error. However, we cannot determine this absent a record of the proceedings.
It was Richard’s obligation to provide this court with a record on appeal to support his argument. See Compton v. Compton, 701 So. 2d 110, 112 (Fla. 5th DCA 1997) (citing Applegate v. Barnett Bank, 377 So. 2d 1150, 1152 (Fla.1979)). The fact that there was no court reporter at the hearings did not deprive Richard of an opportunity to create a record. He could have availed himself of the procedure to prepare a statement of the evidence or proceedings pursuant to Rule 9.200(b)(4), Florida Rules of Appellate Procedure, but he did not. Absent a transcript or a stipulation of facts, the record lacks a basis to reverse the trial court’s decision. Thus, we affirm.
AFFIRM.
SAWAYA and PLEUS, JJ., concur.
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Juliette A. Holler v. Evelio de Hoyos, 935 So. 2d 78 (Fla. 5th DCA 2006)…nstrated reversible error. However, this cannot be determined by an appellate court without the transcript. Holler has not provided us with the transcript of the hearing or a substitute. Thus, we have no recourse but to affirm. See Pearce v. Pearce, 773 So. 2d 1286 (Fla. 5th DCA 2000) (absent a transcript or stipulation of facts, the record lacks a basis to reverse the trial court’s decision); McMullan v. McMullan, 761 So. 2d 410 (Fla. 5th DCA 2000) (claims relating to factual determinations made by the trial…
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DeJESUS v. DeJESUS, 975 So. 2d 484 (Fla. 2d DCA 2007)…ether the parties presented any evidence below regarding the Wife’s health. The Wife has presented no record basis for a reversal on the custody issue. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Pearce v. Pearce, 773 So. 2d 1286 (Fla. 5th DCA 2000). We affirm without prejudice to the Wife to seek modification of the custody arrangement should a substantial change of circumstances occur. Dismissed in part; affirmed in part. KELLY and VILLANTI, JJ., Concur.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Ass'n Emp'rs Ins. Co. v. Am. Excavating & PSI, Inc., 701 So. 2d 110 (Fla. 5th DCA 1997)