RAYESS
v.
BITAR

Fla. 5th DCA | 2018-10-16
No. 5D18-1894
Florida District Court of Appeal, Fifth District (2018)

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Holding

Without a trial transcript, an appellate court will affirm a final divorce judgment unless fundamental error appears on the face of the appealed order.


Headnotes

[1] Without a trial transcript on appeal, a party challenging a trial court's rulings must demonstrate fundamental error appearing on the face of the appealed order in order…

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Key Quotes

“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 divorce appeal

Facts & Procedural History

Mayada Rayess appealed a final judgment dissolving her marriage to Joseph Bitar, challenging the trial court's decisions on alimony and equitable dist…

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Opinion of the Court

PER CURIAM. The former wife, Mayada Rayess, appeals the final judgment dissolving her marriage to the former husband, Joseph Bitar. 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 of alimony and equitable distribution are 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, TORPY and HARRIS, JJ., concur.


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