GISSELLE FLORES, APPELLANT,
v.
DUNESKY CORDOVA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed trial court's interim temporary custody order placing minor child with father pending mother's relocation to Dade County, holding appellant failed to overcome presumption of correctness without adequate trial record.
The trial court's interim temporary custody order placing the minor child with the father pending the mother's relocation to Dade County is affirmed because the appellant failed to present a sufficient record to overcome the presumption of correctness of the trial court's findings.
[1] Appellant's failure to provide a transcript of trial proceedings is fatal to claims challenging trial court's custody order because appellate court cannot resolve underly…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA custody dispute arose between mother Gisselle Flores and father Dunesky Cordova regarding their minor child. The trial court issued an interim tempo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Burden Of Proof cases and more on FLexlaw
We affirm the trial court’s September 26, 2013, Interim Temporary Order, which placed the minor child “in the father’s custody pending the mother’s relocation to Dade County.” See Zarate v. Deutsche Bank Nat’l Trust Co., 81 So.3d 556, 557 (Fla. 3d DCA 2012) (holding it is the appellant’s burden to present a record to overcome the presumption of correctness of the trial court’s findings); 7550 Bldg., Inc. v. Atl. Rack & Shelving, Inc., 999 So.2d 663, 664 (Fla. 3d DCA 2008) (holding the appellant’s failure to provide a transcript of the proceedings was fatal to its claims because “[w]ithout a record of the trial proceedings, the appellate court can not [sic] 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”) (quoting Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979)).
After giving the parties, their counsel, and the guardian ad litem proper notice, the trial court shall, as soon as practicable, conduct a hearing to determine if the reasons for the Interim Temporary Order have been resolved. In the event the Interim Temporary Order is extended, the trial court shall make specific findings of fact supporting the extension.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Zarate v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 556 (Fla. 3d DCA 2012)
- 7550 Bldg., Inc. v. Atl. Rack & Shelving, Inc., 999 So. 2d 663 (Fla. 3d DCA 2008)