MICHAEL ANTHONY PADGETT, FORMER HUSBAND
v.
RETHA ANN PADGETT, FORMER WIFE
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Without a trial transcript in the appellate record, a court cannot review whether the trial court's factual findings regarding a party's earning capacity are supported by evidence.
[1] An appellate court cannot review whether a trial court's factual findings are supported by evidence when the appellant fails to provide a trial transcript in the appellat…
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Join FLexlaw to unlock all legal intelligence“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”
Court's rationale for affirming based on absence of trial transcript
Michael Padgett appealed the trial court's denial of his petition to modify his alimony obligation to his former wife, Retha Padgett. He argued the ev…
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issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”).
AFFIRMED.
B.L. THOMAS, C.J., and KELSEY and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Joseph L. Mannikko of Mannikko & Baris, Macclenny, for Appellant. No appearance for Appellee.
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Citator
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- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)