F. Y. J., MOTHER OF R.L.J., A MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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In the absence of a trial transcript, an appellate court must affirm the trial court's judgment unless fundamental error appears on the face of the order itself.
[1] The failure to provide a transcript of trial proceedings mandates affirmance on appeal in the absence of fundamental error apparent on the face of the order, including in…
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Join FLexlaw to unlock all legal intelligence“Even in a termination of parental rights proceeding, the lack of a transcript mandates affirmance unless fundamental error appears on the face of the order.”
Court's citation to D.R. v. Dep't of Child. & Fams., 236 So. 3d 1175, 1177 (Fla. 1st DCA 2018)
The mother appealed a judgment in a case involving the Department of Children and Families. No transcript of the trial proceedings was provided on app…
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September 23, 2021 PER CURIAM.
AFFIRMED. See D.R. v. Dep’t of Child. & Fams., 236 So. 3d 1175, 1177 (Fla. 1st DCA 2018) (“Even in a termination of parental rights proceeding, the lack of a transcript mandates affirmance unless fundamental error appears on the face of the order.”); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“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. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”). RAY, OSTERHAUS, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael R. Yokan, Jacksonville, for Appellant. Ward L. Metzger, Children’s Legal Services, Tallahassee; Thomasina F. Moore, Statewide Guardian ad Litem Office, Tallahassee; Javier Enriquez, General Counsel for Department of Children and Families, Tallahassee; Tracy Sorcek and Kimberly M. Dodd, Children’s Legal Services, Jacksonville; Jenna Lea Meadows, Guardian ad Litem, Jacksonville; Rebecca Lynn Bartlett, Tallahassee for Appellee.
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