DAVID BIRNBAUM
v.
LAURIE M. MORTMAN
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An appellate court cannot review a trial court's temporary relief award without a transcript or statement of evidence from the hearing, and temporary relief orders are reviewed for abuse of discretion with substantial deference to the trial judge.
[1] An appellate court cannot review a trial court's order granting temporary relief without a transcript or statement of the evidence from the hearing below.
[2] Trial judges possess broad discretion in awarding temporary relief in divorce proceedings, and appellate courts are reluctant to interfere with such awards absent compell…
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Join FLexlaw to unlock all legal intelligence“Temporary relief awards 'are among the areas where trial judges have the very broadest discretion, which appellate courts are very reluctant to interfere with except under the most compelling of circumstances.'”
Citing Mullins v. Mullins and Pedraja v. Garcia for the standard of review applicable to temporary relief orders
In a pending divorce, the husband appealed a nonfinal order awarding the wife temporary support and temporary use of the marital home. The husband did…
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PER CURIAM. The husband appeals a nonfinal order granting the wife’s motion for temporary relief in a pending divorce. He challenges the award to the wife of temporary support and temporary use of the marital home. The husband did not include a transcript of the temporary relief hearing in his appendix. Pursuant to Florida Rule of Appellate Procedure 9.200(f)(2), we directed the husband to file a transcript of the temporary relief hearing or a statement of the evidence compliant with rule 9.200(b)(5). He has provided neither a transcript nor a statement of the evidence. “Temporary relief awards ‘are among the areas where trial judges have the very broadest discretion, which appellate courts are very reluctant to interfere with except under the most compelling of circumstances.’” Mullins v. Mullins, 799 So. 2d 450, 451 (Fla. 4th DCA 2001) (quoting Pedraja v. Garcia, 667 So. 2d 461, 462 (Fla. 4th DCA 1996)). “Temporary relief hearings are abbreviated and the relief granted is not final, so the trial judge may revisit temporary relief matters in the final judgment.” Id. Without knowing what was presented at the temporary relief hearing, we cannot conclude that the rulings in the order were not supported by competent, substantial evidence. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
Affirmed. GROSS, GERBER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Pedraja v. Garcia, 667 So. 2d 461 (Fla. 4th DCA 1996)
- Mullins v. Mullins, 799 So. 2d 450 (Fla. 4th DCA 2001)