CYNTHIA LEE BAXLEY OWENS, APPELLANT,
v.
JOHN STANLEY OWENS, APPELLEE
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WOLF, J.
The former wife, appellant, challenges a final judgment of dissolution of marriage. Appellant raises five issues on appeal; we affirm as to all issues, but briefly discuss one.
Appellant asserts that the final judgment lacks sufficient findings of fact to allow meaningful appellate review. Appellant, however, never challenged the adequacy of the findings in a motion for rehearing or by any other means available in the trial court. We, therefore, determine that this issue was not properly preserved for appellate review. See Mathieu v. Mathieu, 877 So. 2d 740 (Fla. 5th DCA 2004), review denied, 909 So. 2d 862 (Fla. 2005) (treating lack of adequate findings as unpreserved error unless previously brought to the trial court’s attention); see also Broadfoot v. Broadfoot, 791 So. 2d 584 (Fla. 3d DCA 2001) (holding a party cannot appeal inadequate findings in a dissolution case unless the alleged defect was brought to the trial court’s attention in a motion for rehearing).
ALLEN and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (30 total)
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Williams v. Williams, 152 So. 3d 702 (Fla. 1st DCA 2014)…n the face of a final order, a party must alert the court of the error via a motion for rehearing or some other appropriate motion in order to preserve it for appeal. See Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008); Owens v. Owens, 973 So. 2d 1169, 1170 (Fla. 1st DCA 2007). Here, the Former Husband filed a notice of appeal the day after the trial court rendered the contempt order. The record reflects the Former Husband did file a post-judgment objection and emergency [*705] motion to modify t…
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Achurra v. Achurra, 80 So. 3d 1080 (Fla. 1st DCA 2012)…Achurra never brought this matter to the trial court to afford a reasonable opportunity to correct the deficiency. See Jonsson v. Dickinson, 46 So. 3d 1016 (Fla. 1st DCA 2010); Mize v. Mize, 45 So. 3d 49, 49 n. 1 (Fla. 1st DCA 2010); Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007). However, we can consider for the first time on appeal the “insufficiency of the evidence” issue. See Fla. R. Civ. P. 1.530(e); Welch v. Welch, 22 So. 3d 153, 154 (Fla. 1st DCA 2009) (revised opinion on motions for withdrawal of…
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Simmons v. Simmons, 979 So. 2d 1063 (Fla. 1st DCA 2008)…ned, a party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing. See, [*1065] e.g., Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007). There are good reasons for this rule. A trial judge who is made aware of the fact that a required finding was omitted could easily redraft the judgment to include that finding. In contrast, a trial judge who assumes that the fo…
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- Broadfoot v. Rocio E. Broadfoot, 791 So. 2d 584 (Fla. 3d DCA 2001)
- Mathieu v. Kris Mathieu, 877 So. 2d 740 (Fla. 5th DCA 2004)
- Rutherford v. Crosby, 909 So. 2d 862 (Fla. 2005)