CONNIE LOU METZLER, APPELLANT,
v.
STEVEN DENNIS METZLER, APPELLEE
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PATTERSON, Chief Judge.
Appellant Connie Metzler (the wife) challenges an amended final judgment of dissolution of marriage. She contends that the trial court abused its discretion in denying her motion for continuance on the day of the final hearing and in its distribution of the marital assets. As appellee Steven Metzler (the husband) points out, the wife has not provided a transcript of the final hearing, and it appears that the final hearing was not transcribed. The stipulated statement of evidence the wife submitted to this court does not address the evidence presented at the final hearing. See Fla. R.App. P. 9.200(b)(4). Based upon the record before this court, it cannot be said that the trial court abused its discretion in denying the motion for continuance or in making its equitable distribution. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); Lynn v. Alistar Steakhouse & Sports Bar, Inc., 736 So. 2d 722 (Fla. 2d DCA 1999). Thus, we must affirm the amended final judgment of dissolution of marriage.
Affirmed.
ALTENBERND and CASANUEVA, JJ., Concur.
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Haas v. State, 196 So. 3d 515 (Fla. 2d DCA 2016)…e to timely file the appendix might have resulted in an affirmance of the trial court's order based on the insufficiency of the record to show error. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Metzler v. Metzler, 779 So. 2d 412, 412 (Fla. 2d DCA 2000). An affirmance on those grounds could have resulted in a variety- of adverse consequences, including a malpractice claim against Ms. DiFiore and the Firm. See, e.g., Fine & Block v. Evans, 201 Ga.App. 294, 411 S.E. 2d 73, 73…
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O'Byrne v. Miller, 965 So. 2d 316 (Fla. 2d DCA 2007)…y of the hearing. Subject to the exception to be discussed below, the inadequacy of the record compels us to affirm the trial court’s final judgment. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Metzler v. Metzler, 779 So. 2d 412, 412 (Fla. 2d DCA 2000). Moreover, the final judgment “on its face reveals neither error nor abuse of discretion.” Am. Bankers Ins. Co. v. Zapata, 761 So. 2d 1216, 1217 (Fla. 2d DCA 2000) (citing Applegate, 377 So. 2d 1150). At oral argument, the M…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Lynn v. Allstar Steakhouse & Sports BAR, Inc., 736 So. 2d 722 (Fla. 2d DCA 1999)