MARILYN MURPHY, APPELLANT,
v.
REGINALD MURPHY, APPELLEE

Fla. 5th DCA | 2016-11-18
No. 5D16-189
PALMER and BERGER, JJ., concur.
206 So. 3d 807 Florida District Court of Appeal, Fifth District (2016)

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Holding

The appellate court held that the trial court's final judgment dissolving the marriage contained reversible errors regarding the allocation of healthcare expenses and child support calculations.


Facts & Procedural History

The wife appealed the final judgment dissolving her marriage. There was no transcript or statement of evidence from the trial proceedings.…

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Opinion of the Court
EVANDER, J.

EVANDER, J.

Marilyn Murphy appeals the trial court’s final judgment dissolving her marriage to Reginald Murphy. There is no transcript of the trial proceedings, nor a statement of evidence.1 Accordingly, although errors that appear on the face of the final judgment are reviewable on appeal, issues concerning evidentiary sufficiency are not. Dennison v. Dennison, 852 So.2d 422, 423 (Fla. 5th DCA 2003).

We conclude that there are two errors on the face of the final judgment that require reversal. First, the final judgment fails to address the parties’ responsibility for healthcare expenses for the minor child that are not covered by health insurance. See § 61.13(b), Fla. Stat. (2015); see also Harris v. Harris, 114 So.3d 1095, 1096 (Fla. 2d DCA 2013) (holding that trial court’s failure to address healthcare coverage for children and non-covered dental, medical, and prescription medication expenses required remand). Second, as reflected in paragraph twelve of the former wife’s unsuccessful motion for rehearing, the child support calculations are in error. The final judgment is otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

PALMER and BERGER, JJ., concur.


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