EUGENE SMITH, JR., APPELLANT,
v.
EUGENIA TIARA WALLACE, APPELLEE.
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The appellate court affirmed the trial court's judgment because there were no errors of law on the face of the judgment and the appellant failed to provide an adequate record for review.
[1] Appellate review is limited to errors on the face of the judgment when no transcript of the proceedings is available.
[2] In the absence of a transcript, an appellate court can reverse only when the trial court makes an error of law apparent on the face of the judgment.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought modification of child support and appealed the final judgment, alleging errors in calculations and omissions. Due to the absence …
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Eugene Smith, Jr., appeals the final judgment resolving his supplemental petition for modification of child support. He alleges that the judgment contains numerous errors, including miscalculations and omissions. We note that our review is limited to errors on the face of the judgment because there is no transcript of the proceedings. In Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979), the Florida Supreme Court explained:
When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without 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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal. The trial court should have been affirmed because the record brought forward *671by the appellant is inadequate to demonstrate reversible error.
However, even in the absence of a transcript, an appellate court can reverse in those instances when the trial court makes an error of law on the face of the judgment. Siam Motors, Inc. v. Spivey, 136 So.3d 692, 694 (Fla. 2d DCA 2014). In the present case, we find no error of law on the face of the judgment and affirm.
We note that Mr. Smith asked the trial court to approve a statement of the evidence and an amended statement of the evidence pursuant to Florida Rule of Appellate Procedure 9.200. Rule 9.200(b)(4) provides as follows:
If no report of the proceedings was made, or if the transcript is unavailable, a party may prepare a statement of the evidence or proceedings from the best available means, including the party's recollection. The statement shall be served on all other parties, who may serve objections or proposed amendments to it within 10 days of service. Thereafter, the statement and any objections or proposed amendments shall be filed with the lower tribunal for settlement and approval. As settled and approved, the statement shall be included by the clerk of the lower tribunal in the record.
On June 7, 2016, the trial court held a hearing on Mr. Smith's request and found that Ms. Wallace's counsel had "agreed that these things happened in this case, 1 through 19. So those will be part of the statement of proceedings."1 Then the trial court advised Mr. Smith, "You need to complete an order which states that, okay?" That way, the court noted, "the DCA will have at least 19 stipulated facts on the record." The court then decided to write the order: "Actually, you know what? I'm going to go ahead and do that order. Not that you can't do it, but it would be easier if I did it and I'll do that in a few minutes when we're finished."
After examining the record on appeal, we are unable to locate a written order that comports with the trial court's oral pronouncement. Rather, twenty-two days after the hearing, the trial court entered a written order denying the very motion it had previously granted as to the nineteen facts. In its order, the trial court ruled as follows:
5) The Court finds the Petitioner the Petitioner [sic] prepared a statement of the evidence and submitted the statement to the Respondent.
6) The Court finds the Respondent served the objections or proposed amendment.
7) The Court finds the Petitioner submitted the statement of evidence along with any proposed objections or amendments to the trial judge for settlement and approval. The Court reviewed the three steps in the process[.]
8) This Court finds it is unable to settle the factual differences between the parties. Therefore, this Court finds the statement of evidence offered by the party seeking review may not be used as a substitute for the transcript.2
Mr. Smith filed a motion for rehearing as to this order, noting that the order was in direct conflict with the trial court's oral *672ruling. The trial court entered an order denying this motion without explanation.
The impact of an order denying a request to approve an agreed upon statement of the evidence is to deny even limited appellate review afforded by those facts. Certainly, a trial court is afforded the ability to, after further contemplation, alter or change its interlocutory ruling. However, this record provides no insight indicating why the trial court changed its mind.
Nonetheless, as our record does contain Mr. Smith's proposed amended statement of the evidence, we note that the nineteen facts set forth therein would not afford a basis for reversal. For example, item nineteen sets forth the fact that the trial judge "wholly adopted the Respondent's Final Judgment ... without amendment or modification." While that fact may, in and of itself, be true, it does not rise to a level requiring reversal. More is required.
Florida law does not prohibit the adoption, verbatim, of a judgment that has been proposed by a party to the litigation. See In re T.D., 924 So.2d 827, 831 (Fla. 2d DCA 2005). Rather, the adopted judgment "cannot substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge." Perlow v. Berg-Perlow, 875 So.2d 383, 390 (Fla. 2004) ; see also Ryans v. Bell, 210 So.3d 251 (Fla. 2d DCA 2017) ; Bishop v. Bishop, 47 So.3d 326 (Fla. 2d DCA 2010).
Affirmed.
VILLANTI, C.J., and KHOUZAM, J., Concur.
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Tercier v. Univ. of Miami, Inc., 383 So. 3d 847 (Fla. 3d DCA 2023)…ecord to indicate that the trial court failed to exercise its independent judgment. Initially, we note that “Florida law does not prohibit the adoption, verbatim, of a judgment that has been proposed by a party to the litigation” Smith v. Wallace, 249 So. 3d 670, 672 (Fla. 2d DCA 2017); In re T.D. v. Dep’t of Children & Family Servs., 924 So. 2d 827, 831 (Fla. 2d DCA 2005) (no “post-Berg-Perlow decisions of this court requires reversal solely on the ground that a trial court has adopted a judgment prepared…
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Richard L. Shure, M.D. v. Am. Ass'n of Orthopaedic Surgeons (Fla. 5th DCA 2024)
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Richard L. Shure, M.D. v. Am. Ass'n of Orthopaedic Surgeons (Fla. 6th DCA 2024)…urt, Florida law does not prohibit the adoption, verbatim, of a judgment that has been proposed by a party to the litigation. Tercier v. Univ. of Miami, Inc., No. 3D22-1334, 2023 WL 4916043, at *5 (Fla. 3d DCA Aug. 2, 2023) (citing Smith v. Wallace, 249 So. 3d 670, 672 (Fla. 2d DCA 2017)); In re T.D. v. Dep’t of Child. & Fam. Servs., 924 So. 2d 827, 831 (Fla. 2d DCA 2005). Instead, “what is critical for a reviewing court is that a final judgment reflect the trial judge’s independent decision on the issues of…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Esig Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004)
- In the Interest of T.D. v. Dep't of Child. & Fam. Servs., 924 So. 2d 827 (Fla. 2d DCA 2005)
- Bishop v. Bishop, 47 So. 3d 326 (Fla. 2d DCA 2010)
- Siam Motors, Inc. v. Spivey, 136 So. 3d 692 (Fla. 2d DCA 2014)
- Integrale Invs., LLC v. Hoffman, 210 So. 3d 251 (Fla. 2d DCA 2017)
- Ryans v. Bell, 210 So. 3d 251 (Fla. 2d DCA 2017)