EVANS
v.
MILLER
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An appellate court must affirm a trial court's order when the appellant fails to provide a transcript of proceedings and cannot demonstrate fundamental error appearing on the face of the order.
[1] When an appellant fails to provide a trial transcript on appeal, the appellate court cannot review the evidentiary support for the trial court's decision and must affirm…
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Join FLexlaw to unlock all legal intelligence“Thus, we must affirm unless the former wife can demonstrate that 'fundamental error appears on the face of the appealed order.'”
Standard of review when trial transcript is unavailable in family law modification appeal
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.
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)
- Murphy v. Murphy, 948 So. 2d 864 (Fla. 5th DCA 2007)