BOBBY F. BOWERS, JR., APPELLANT,
v.
STATE, DEPARTMENT OF REVENUE ON BEHALF OF TERESA L. MORGAN, APPELLEE

Fla. 1st DCA | 2009-03-05
No. 1D07-6489
Webster, J., Van Nortwick, J., Thomas, J.
6 So. 3d 79 Florida District Court of Appeal, First District (2009)

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Synopsis

Appellant's appeal of a child support order was affirmed because he failed to timely present evidence of payments made and financial changes to the trial court, and appellate review is limited to the record below.


Holding

An appellate court cannot consider evidence or arguments regarding changed financial circumstances or actual child support payments that were not presented to the trial court.


Headnotes

[1] An appellate court is precluded from considering evidence or arguments not presented to the trial court, as the appellate function is limited to determining whether the l…

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Facts & Procedural History

Bobby F. Bowers, Jr. appealed a final administrative child support order establishing his current and retroactive child support obligation. Bowers arg…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Bobby F. Bowers, Jr., appeals a final administrative child support order which establishes his current as well as his retroactive child support obligation. Bowers argues that the actual amount of child support already paid by him was not disclosed below. Bowers has not demonstrated, however, that he timely sought to introduce such specific evidence into the record below. Bowers further argues that, because his financial condition has changed since entry of the support order, the amount of child support ordered should be “reevaluated.” As a court of review, this court is precluded from considering matters outside of the record of the proceedings below. Thomber v. City of Fort Walton Beach, 534 So.2d 754, 755 (Fla. 1st DCA 1988). Because Bowers has not established any basis for reversible error on the record, the order is affirmed. See Hillsborough County Bd. v. Pub. Employees Relations Comm’n, 424 So.2d 132 (Fla. 1st DCA 1982) (explaining that an appeal is not an evidentiary proceeding, so an appellate court will not consider evidence not presented to the lower tribunal because function of appellate court is to determine whether lower tribunal committed error based upon the issues and evidence before it).

AFFIRMED.

WEBSTER, VAN NORTWICK and THOMAS, JJ., concur.


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