JUDITH JIMENEZ
v.
ISMAEL PEREZ
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An appellant cannot establish error in a trial court's denial of a relocation petition without providing either a transcript of the hearing or a stipulation of facts by the parties and trial court.
[1] An appellant's failure to provide a transcript of the hearing or a stipulation of facts is fatal to establishing error on appeal, as the appellate court must presume the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the failure to provide an appellate court with either a transcript or a proper substitute for a transcript, such as a reconciliation of the facts by the parties and the trial court, is fatal because, in the absence of a transcript, the appellate court is unable to evaluate allegations that error exists in the trial court's findings but, instead, must presume such findings to be correct.”
Citation to Hirsch v. Hirsch, 642 So. 2d 20, 21 (Fla. 5th DCA 1994), explaining the requirement for appellate review.
Judith Jimenez appealed the trial court's denial of her petition for relocation in a case against Ismael Perez. Jimenez did not provide a transcript o…
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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
JUDITH JIMENEZ,
Appellant,
v. Case No. 5D20-1773
ISMAEL PEREZ,
Appellee.
________________________________/
Opinion filed January 8, 2021
Appeal from the Circuit Court for Marion County,
R. Gregg Jerald, Judge.
Judith Jimenez, St. Cloud, pro se.
Jorge L. Colon, of Jorge Luis Colon, P.A., Ocala, for Appellee.
PER CURIAM.
Judith Jimenez challenges the denial of her petition for relocation. Because Jimenez has failed to demonstrate error, we affirm. There is no transcript of the hearing on her petition for relocation and no stipulation of the facts by the parties and the trial court. In the absence of such records, Jimenez cannot establish any error below. See e.g., Hirsch v. Hirsch, 642 So. 2d 20, 21 (Fla. 5th DCA 1994) (“[T]he failure to provide an appellate court with either a transcript or a proper substitute for a transcript, such as a reconciliation of the facts by the parties and the trial
2 court, is fatal because, in the absence of a transcript, the appellate court is unable to evaluate allegations that error exists in the trial court's findings but, instead, must presume such findings to be correct.”).
AFFIRMED.
ORFINGER, COHEN and EISNAUGLE, JJ., concur.