JONI BECKETT HART, MOTHER, APPELLANT,
v.
STEVEN E. STREITZ, FATHER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed denial of modification of timesharing and parental responsibility where mother failed to provide an approved statement of evidence, leaving the court without an adequate record to review the trial court's substantial-change-in-circumstances determination.
A party appealing from a trial court order in a family law matter must provide an approved statement of evidence or transcript; without one, the appellate court cannot review the merits and must affirm.
[1] A party appealing a trial court order must provide an approved statement of evidence or transcript; failure to do so results in an inadequate record that precludes appell…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Mother sought modification of timesharing and parental responsibility. The trial court denied her motion, finding no substantial change in circums…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statement Of Evidence cases and more on FLexlaw
• Joni Beckett Hart (“the Mother”) filed a motion for modification of timesharing and parental responsibility. The trial court denied the motion after an evidentiary hearing, reasoning that there had not been a substantial change in circumstances. Seeking to challenge the trial court’s order, the Mother filed a statement of the evidence with the trial court pursuant to Florida Rule of Appellate Procedure 9.200(b)(4). The trial court disapproved the Mother’s statement of the evidence because of its many factual inaccuracies and omissions. The Mother did not seek approval of a second statement of the evidence. Instead, she filed the instant appeal.
A statement of evidence or proceedings prepared by a party in lieu of a transcript must be approved by the court. Fla. R. App. P. 9.200(b)(4). The proceedings below were not transcribed, and we do not have before us an approved statement of the evidence on which to rely. As such, we are without an adequate record to judge the merits of the Mother’s claims. Moreover, the Mother has not developed any argument that might require a reversal on the face of the order without any further record. Accordingly, we are constrained to affirm. See Kirchinger v. Kirehinger, 546 So.2d 86, 86-87 (Fla. 2d DCA1989).
AFFIRMED.
KELSEY, WINOKUR, and WINSOR, JJ., CONCUR.