THE STATE OF FLORIDA, DEPARTMENT OF REVENUE, APPELLANT, V. IN RE: DEBORAH CLAUDIA EZETA
v.
GREGORY FRANCOIS FREDERIC DE LA BEGASSIERE, APPELLEE.
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Florida Department of Revenue's appeal of a downward child support modification is affirmed because the Department failed to preserve its statutory compliance objections at trial by acquiescing to the trial court's procedure.
A party that acquiesces to a trial court's determination without objecting does not preserve the issue for appellate review.
[1] A party that acquiesces to a trial court determination without objecting or presenting specific claims of error at trial does not preserve those issues for appellate revi…
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Join FLexlaw to unlock all legal intelligenceA father petitioned to modify child support after leaving his teaching job in Florida to return to France for schooling. The trial court reduced month…
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Gregory Francois Frederic de La Begassiere, the father, petitioned the trial court for a modification of monthly child support for his two minor children. After a hearing on January 10, 2018, the trial court ordered a downward modification from $1028.88 to $800.00 per month. Because de La Begassiere had left his job as a high school teacher in South Florida and returned to his native France to continue his own schooling, the trial court found that he was underemployed and imputed income to him to arrive at the $800.00 figure. The State of Florida Department of Revenue (Department), an intervenor below, appeals. Department maintains that the trial court did not comply or make findings consistent with section 61.30 of the Florida Statutes.
The record of the January 10, 2018 hearing reveals that the trial court and the parties converted the hearing into a de facto settlement conference, during which Department was represented by counsel who did not object to the downward modification amount or the procedure the trial court employed to ascertain this amount. We affirm the trial court's order of January 10, 2018, because any alleged error was not preserved. Chaiken v. Lewis, 754 So.2d 118, 118 (Fla. 3d DCA 2000) (holding that a party that acquiesced to a trial court determination did not preserve the issue for appellate review); Kitchens By Design v. Confino, 687 So.2d 364, 365 (Fla. 3d DCA 1997) ("We affirm the final judgment under review as the record does not reflect that the specific claim of error made on appeal was argued and presented to the lower court.").
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Filmore Chaiken v. Lewis, 754 So. 2d 118 (Fla. 3d DCA 2000)
- James v. State, 687 So. 2d 364 (Fla. 3d DCA 1997)
- Kitchens BY Design, Inc. v. Confino, 687 So. 2d 364 (Fla. 3d DCA 1997)