DANA LYNN MCQUADE, APPELLANT,
v.
LANDON BRUCE HOLROYD, APPELLEE
Because we do not have a transcript of the proceedings below, we cannot resolve the underlying factual issues in order to determine whether the trial court’s judgment on the issue of child support is without evidentiary support. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979). In the absence of a transcript, we will only reverse where the error appears on the face of the judgment. See Monacelli v. Gonzalez, 883 So.2d 361, 362 (Fla. 4th DCA 2004); Hoirup v. Hoirup, 862 So.2d 780, 782 (Fla. 2d DCA 2003). Appellant has made no such showing in this case.
AFFIRMED.
COHEN, C.J., PALMER and ORFINGER, JJ,, concur.
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Pitcher v. Schneider (Fla. 5th DCA 2018)…nnecessary. ---PAGE 2--- Pitcher's argument lacks merit. Without a transcript, “we cannot resolve the underlying factual issues in order to determine whether the trial court's judgment . . . is without evidentiary support.” See McQuade v. Holroyd, 208 So. 3d 848 (Fla. 5th DCA 2017) (citing Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)). Indeed, having reviewed the record, as well as the extensive final judgment and parenting plan, we conclude that Pitcher has failed to carry hi…
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US Bank Nat'l Ass'n FOR CSFB Heat 2006-7 v. Tranumn, 247 So. 3d 567 (Fla. 1st DCA 2018)…ally, a petitioner cannot raise in a petition for writ of certiorari a ground that was not raised below." First Call Ventures, LLC v. Nationwide Relocation Servs., Inc. , 127 So. 3d 691, 693 (Fla. 4th DCA 2013). See also Hernando HMA, LLC v. Erwin , 208 So. 3d 848, 849 (Fla. 5th DCA 2017). However, an issue may be preserved without a contemporaneous objection if "it appears from the record that the trial court may have interrupted a proper objection." Nieves v. State , 678 So. 2d 468, 470 (Fla. 5th DCA 1996).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Dashiwa Corp. v. Tashi Valley, Inc., 862 So. 2d 780 (Fla. 3d DCA 2003)
- Hoirup v. Thora H. Hoirup, 862 So. 2d 780 (Fla. 2d DCA 2003)
- Kathalina Monacelli v. Gonzalez, 883 So. 2d 361 (Fla. 4th DCA 2004)