DIANA M. CISNEROS, APPELLANT,
v.
JESUS CISNEROS, APPELLEE
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PER CURIAM.
The wife challenges various aspects of the final judgment of dissolution of marriage, contending that the court erred by inequitably distributing the marital assets and liabilities, improperly calculating child support, failing to award alimony, and unfairly allocating dependent tax exemptions between the parties. Because there is no transcript of proceedings, we affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979) (‘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.”). Each issue requires a review of the trial testimony to determine whether the court abused its discretion.
Affirmed.
STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.
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Gonzalez v. State, 40 So. 3d 86 (Fla. 4th DCA 2010)…The defendant now appeals the restitution order, arguing the trial court erred in entering the order because the evidence was legally insufficient. We disagree. We review trial court restitution orders for an abuse of discretion. Bennett v. State, 944 So. 2d 524, 525 (Fla. 4th DCA 2006). The State bears the burden of proving the amount of restitution, which “must be proved by a preponderance of the evidence” and supported “by substantial competent evidence.” Id. (quoting Koile v. State, 902 So. 2d 822, 824…
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Hunter v. State, 48 So. 3d 174 (Fla. 4th DCA 2010)…ds that the award is not supported by substantial, competent evidence. We agree. A trial court’s restitution order is reviewed under an abuse of discretion standard. Wolff v. State, 981 So. 2d 651, 653 (Fla. 4th DCA 2008) (quoting Bennett v. State, 944 So. 2d 524 (Fla. 4th DCA 2006)). Restitution must be proved by substantial, competent evidence and this evidence must be greater than mere speculation. Id. (citations omitted). “A victim’s testimony, without documentation, is not enough to support an award of…
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Rodriguez v. State, 956 So. 2d 1226 (Fla. 4th DCA 2007)…a victim as to the amount of their loss is insufficient to sustain a restitution order. See Glaubius v. State, 688 So. 2d 913, 916 (Fla.1997); Peters v. State, 555 So. 2d 450, 451 (Fla. 4th DCA 1990). We addressed a similar case in Bennett v. State, 944 So. 2d 524 (Fla. 4th DCA 2006). In Bennett, a private investigator hired by the victim testified that the victim spent “probably ... between eighteen and twenty-thousand dollars” on the investigation. 944 So. 2d at 526. As to the victim’s protection expenses,…
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- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)