LUKE SMITH
v.
KATHERINE COOPER F/K/A KATHERINE SMITH F/K/A KATHERINE CLARK

Fla. 5th DCA | 2020-02-21
No. 19-2399
Leblanc, J., Cohen, J., Lambert, J., Harris, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A party waives claims for relief by failing to raise them in the initial appellate brief, even if those claims may have merit.

Headnotes

[1] A party waives or abandons claims for relief by failing to raise them in the initial appellate brief, regardless of whether such claims may have merit.

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Facts & Procedural History

Luke Smith was adjudicated in civil contempt for failing to pay court-ordered child support. Smith did not attend the hearing on the contempt motion.…

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Topics
Waiver Of Arguments On Appeal

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

LUKE SMITH,

Appellant,

v. Case No. 5D19-2399

KATHERINE COOPER F/K/A KATHERINE

SMITH F/K/A KATHERINE CLARK,

Appellee. ________________________________/

Opinion filed February 21, 2020

Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge.

Luke Smith, Lees Summit, MO, pro se.

No Appearance for Appellee.

PER CURIAM.

Luke Smith appeals the post-final judgment order adjudicating him in civil contempt for failing to pay his court-ordered child support. Smith did not attend the hearing held on the motion.

Although our review of the record suggests that Smith may have had meritorious arguments for reversal based on the lack of sufficient notice of the motion for contempt and the hearing, including the lack of an express finding by the court in the order that

AFFIRMED.

COHEN, LAMBERT, and HARRIS, JJ., concur.

1 See Fla. Fam. L. R. P. 12.615(c).

Footnotes
2 Smith had notice of the motion and hearing,1 he has not raised them in his initial brief. Accordingly, Smith has waived or abandoned any claim for relief on these issues. See Prince v. State, 40 So. 3d 11, 13 (Fla. 4th DCA 2010). The one argument that Smith does raise in his brief lacks merit. As a result, we are constrained to affirm the order of contempt.

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