BARRY SCHNEER
v.
ALICE LLAURADO
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In a high-conflict paternity case, the father appealed from orders denying his request to modify custody and awarding attorney's fees. The trial court had placed the child in the maternal uncle's care with supervised timesharing for both parties following an injury in Mexico and concerns regarding the father's medical care response and a history of domestic violence.
The court affirmed the trial court's order denying the father's request to modify custody, finding that all findings were predicated on the best interests of the child and were not contravened by any evidence of record. The portion of the appeal concerning attorney's fees was dismissed as untimely, as the notice of appeal was filed more than thirty days after the order.
[1] When an appellate record lacks a transcript, the appellate court is deprived of the ability to review the propriety of a trial court's custody decision based on the best…
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Join FLexlaw to unlock all legal intelligenceThe child was injured in Mexico, and the father allegedly failed to promptly seek appropriate medical treatment. Due to a history of domestic violence…
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Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1422 Lower Tribunal No. 20-6338 ________________
Barry Schneer,
Appellant,
vs.
Alice Llaurado,
Appellee.
An appeal from a non-final order from the Circuit Court for Miami-Dade County, Jason E. Dimitris, Judge. Barry A. Schneer, in proper person. Bresky Law, and Robin Bresky, and Jonathan Mann (Boca Raton), for appellee. Before EMAS, MILLER, and BOKOR, JJ. MILLER, J.
In this high-conflict paternity case, appellant, the father, appeals from orders denying his request to modify custody and awarding attorney’s fees.1 After the child was injured in Mexico, the father purportedly failed to promptly seek appropriate medical treatment. Appellee, the mother, then sought sole custody. Ostensibly due to a history of domestic violence involving the parents, the trial court temporarily placed the child in the care of a maternal uncle, with both parties subject to supervised timesharing. See § 751.05(3), Fla. Stat. (2022). Thereafter, the mother renewed her emergency motion for sole custody, and the father countered with a request to relocate the child into his care or that of the paternal grandmother. By way of a carefully detailed order, the trial court declined to further modify custody and ordered the father to relinquish the child’s passport. All findings were predicated upon the best interests of the child, and none are contravened by any evidence of record. See § 61.13(2)(c), Fla. Stat. As we lack a transcript, we are deprived of any ability to further review the propriety of the decision. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Accordingly, we affirm the order in all respects.
Affirmed.