KENNETH BROWN
v.
LAUREN BROWN

Fla. 5th DCA | 2019-06-28
No. 18-1263
Wooten, J., Evander, C.J., Orfinger, J., Harris, J.
275 So. 3d 798 Florida District Court of Appeal, Fifth District (2019)

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Holding

An appellant who fails to provide trial transcripts cannot challenge the trial court's factual findings unless fundamental error appears on the face of the appealed order.


Headnotes

[1] An appellant's failure to provide trial transcripts precludes appellate review of the trial court's factual findings and evidentiary support for its decisions, and the ap…

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Key Quotes

“We must affirm unless the former husband can demonstrate that 'fundamental error appears on the face of the appealed order.'”

The court's standard for review when trial transcripts are not provided

Facts & Procedural History

Kenneth Brown appealed a final judgment dissolving his marriage to Lauren Brown. The judgment addressed timesharing, equitable distribution of marital…

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Opinion of the Court
Affirmed. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

KENNETH BROWN,

Appellant,

v. Case No. 5D18-1263

LAUREN BROWN,

Appellee.

________________________________/

Opinion filed June 28, 2019

Appeal from the Circuit Court for Orange County, Wayne C. Wooten, Judge.

Jaime T. Halscott, of Halscott Megaro, P.A., Orlando, for Appellant.

Mercedes R. Wechsler, Mercedes R. Wechsler, P.A., Orlando, for Appellee.

PER CURIAM.

The former husband, Kenneth Brown, appeals the final judgment dissolving his marriage to the former wife, Lauren Brown. He challenges the timesharing, equitable distribution of marital assets and debt, retroactive support, and attorney’s fee award on appeal. Because the former husband has not provided this Court with the necessary transcripts of the proceedings below, we are precluded from addressing whether the trial court’s decisions on these matters are without evidentiary support. See Applegate v.

2 Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); see also Rayess v. Bitar, 254 So. 3d 1197 (Fla. 5th DCA 2018). We must affirm unless the former husband can demonstrate that “fundamental error appears on the face of the appealed order.” Murphy v. Murphy, 948 So. 2d 864, 865 (Fla. 5th DCA 2007). The former husband has made no such showing in this case.

AFFIRMED.

EVANDER, C.J., ORFINGER and HARRIS, JJ., concur.


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