TAMARA AISSA PEREZ MORALES
v.
NOEL GUILLERMO CRUZ

Fla. 3d DCA | 2024-03-13
No. 2023-1587
2024 FL 2800 Florida District Court of Appeal, Third District (2024)

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Holding

An order granting an emergency petition for temporary relocation of minor children is affirmed when the trial court's comprehensive findings are legally sufficient and well-supported by testimony and exhibits.


Headnotes

[1] A party's failure to properly preserve claimed deficiencies in a petition or order in the trial court record precludes appellate review of those deficiencies on appeal.

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Key Quotes

“the comprehensive findings rendered in the challenged order are legally sufficient and well-supported by the testimony and exhibits adduced at the hearing”

Court's analysis of whether the order met the evidentiary standard

Facts & Procedural History

A mother challenged an order granting the father's emergency petition to temporarily relocate to Puerto Rico with their minor children. Although the m…

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Opinion of the Court

Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1587 Lower Tribunal No. 17-11780

________________

Tamara Aissa Perez Morales,

Appellant,

vs.

Noel Guillermo Cruz,

Appellee.

An appeal from a non-final order from the Circuit Court for Miami-Dade County, Marcia del Rey, Judge. JPA Law Firm, PLLC, and Jesse Philippe-Auguste, for appellant. Grass, Reyes & Associates, and Katushca M. Grass, for appellee. Before SCALES, LINDSEY, and MILLER, JJ. MILLER, J. In this appeal, the mother challenges an order granting the father’s emergency petition to temporarily relocate to Puerto Rico with the minor children. Although she originally informally agreed to the relocation, the mother now asserts the underlying petition was defective and the corollary order fails for a lack of competent, substantial evidence. As to the former contention, the undeveloped record before us does not establish that the claimed deficiencies were properly preserved for appellate review. See Hoirup v. Hoirup, 862 So. 2d 780, 782 (Fla. 2d DCA 2003); Esaw v. Esaw, 965 So. 2d 1261, 1267 (Fla. 2d DCA 2007). As to the latter, we conclude the comprehensive findings rendered in the challenged order are legally sufficient and well-supported by the testimony and exhibits adduced at the hearing.1 See Sanabria v. Sanabria, 271 So. 3d 1101, 1102 (Fla. 3d DCA 2019); Ryan v. Ryan, 252 So. 3d 272, 273 (Fla. 4th DCA 2018); Norris v. Heckerman, 972 So. 2d 1098, 1099 (Fla. 1st DCA 2008). Accordingly, we affirm the order under review.

Affirmed.

Footnotes
1 We summarily conclude the challenged text messages were properly admitted under the hearsay exception for a “party’s own statement in . . . an individual . . . capacity.” § 90.803(18)(a), Fla. Stat. (2023).

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