EVANS
v.
MILLER
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An appellant cannot challenge the trial court's factual findings on appeal without a transcript of proceedings, and must instead demonstrate fundamental error appearing on the face of the order itself.
[1] An appellant who fails to provide a transcript of trial proceedings cannot challenge the factual findings of the trial court and must instead demonstrate fundamental erro…
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The court stated that absent a transcript, it must affirm unless the appellant can demonstrate that fundamental error appears on the face of the appealed order.
The former wife appealed the trial court's order granting the former husband's supplemental petition to modify timesharing, parenting plan, and child …
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PER CURIAM. The former wife, Kristy Ann Evans, appeals the trial court’s order granting the former husband’s, David Edward Miller, supplemental petition to modify timesharing, the parenting plan, and child support. The former wife argues that we “should revisit the issues” to determine whether the trial court properly granted the former husband’s supplemental petition.
Because we do not have a transcript of the proceedings below, we cannot address the former wife’s contention that the trial court’s decision on the issues is without evidentiary support. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Thus, we must affirm unless the former wife can demonstrate that “fundamental error appears on the face of the appealed order.” Murphy v. Murphy, 948 So. 2d 864, 865 (Fla. 5th DCA 2007). The former wife has made no such showing in this case.
AFFIRMED.
ORFINGER, EVANDER and WALLIS, JJ., concur.
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Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Murphy v. Murphy, 948 So. 2d 864 (Fla. 5th DCA 2007)