MCGANN
v.
WALKER
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Akilah McGann appealed a supplemental final judgment modifying timesharing of minor children, challenging both the trial court's award of majority timesharing to Jecomiah Walker and the court's denial of her motion to vacate. The appellate court affirmed the timesharing judgment for lack of evidentiary support on appeal and dismissed the second claim as outside its territorial jurisdiction.
The appellate court affirmed the trial court's judgment awarding timesharing to Walker because McGann failed to provide the trial transcript necessary for appellate review. The court dismissed the claim regarding the denial of the motion to vacate because that order was issued by the Ninth Circuit, which is outside the First District Court of Appeal's territorial jurisdiction.
[1] An appellate court cannot determine whether a trial court's judgment is without evidentiary support when the trial transcript is not attached to the appellate record.
[2] An appellate court lacks jurisdiction to consider an appeal from an order issued by a court outside its territorial jurisdiction.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We affirm the trial court's order because we cannot determine whether the trial court's judgment is without evidentiary support.”
Establishes that lack of trial transcript prevents appellate review and requires affirmance of trial court judgment
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Join FLexlaw to unlock all legal intelligenceMcGann and Walker share minor children and were involved in a timesharing/parenting plan dispute. The trial court entered a supplemental final judgmen…
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December 11, 2024 PER CURIAM.
Akilah J. McGann challenges two orders related to the custody of the minor children she shares with Jecomiah Walker. First, McGann argues that the trial court erred in entering a supplemental final judgment for modification of timesharing/parenting plan, which awarded Walker the majority of the timesharing. McGann has failed to attach the trial transcript that preceded the final judgment. We affirm the trial court’s order because we cannot determine whether the trial court’s judgment is without evidentiary support. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Nor do we have jurisdiction to consider McGann’s second claim— that the trial court improperly denied her motion to vacate. This claim challenges an order issued by the Ninth Circuit, a court outside our territorial jurisdiction. See Miami-Dade Water &
Sewer Auth. v. Cormio, 388 So. 2d 1238, 1244—45 (Fla. 1st DCA 1979) (“[T]he jurisdiction of each district court of appeal to hear appeals from other Article V courts is limited territorially to trial courts headquartered in counties and circuits within the appellate district established by law. Section 4(b)(1).”). We therefore dismiss that portion of McGann’s appeal.
AFFIRMED in part, DISMISSED in part. B.L. THOMAS, ROWE, and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Miami-Dade Water & Sewer Auth. v. Cormio, 388 So. 2d 1238 (Fla. 1st DCA 1979)