JUDITH JIMENEZ
v.
ISMAEL PEREZ

Fla. 5th DCA | 2021-01-08
No. 20-1773
Jerald, J., Orfinger, J., Cohen, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

An appellant cannot establish error in a trial court's denial of a relocation petition without providing either a transcript of the hearing or a stipulation of facts by the parties and trial court.


Headnotes

[1] An appellant's failure to provide a transcript of the hearing or a stipulation of facts is fatal to establishing error on appeal, as the appellate court must presume the…

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Key Quotes

“the failure to provide an appellate court with either a transcript or a proper substitute for a transcript, such as a reconciliation of the facts by the parties and the trial court, is fatal because, in the absence of a transcript, the appellate court is unable to evaluate allegations that error exists in the trial court's findings but, instead, must presume such findings to be correct.”

Citation to Hirsch v. Hirsch, 642 So. 2d 20, 21 (Fla. 5th DCA 1994), explaining the requirement for appellate review.

Facts & Procedural History

Judith Jimenez appealed the trial court's denial of her petition for relocation in a case against Ismael Perez. Jimenez did not provide a transcript o…

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Opinion of the Court
Eisnaugle

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

JUDITH JIMENEZ,

Appellant,

v. Case No. 5D20-1773

ISMAEL PEREZ,

Appellee.

________________________________/

Opinion filed January 8, 2021

Appeal from the Circuit Court for Marion County,

R. Gregg Jerald, Judge.

Judith Jimenez, St. Cloud, pro se.

Jorge L. Colon, of Jorge Luis Colon, P.A., Ocala, for Appellee.

PER CURIAM.

Judith Jimenez challenges the denial of her petition for relocation. Because Jimenez has failed to demonstrate error, we affirm. There is no transcript of the hearing on her petition for relocation and no stipulation of the facts by the parties and the trial court. In the absence of such records, Jimenez cannot establish any error below. See e.g., Hirsch v. Hirsch, 642 So. 2d 20, 21 (Fla. 5th DCA 1994) (“[T]he failure to provide an appellate court with either a transcript or a proper substitute for a transcript, such as a reconciliation of the facts by the parties and the trial

2 court, is fatal because, in the absence of a transcript, the appellate court is unable to evaluate allegations that error exists in the trial court's findings but, instead, must presume such findings to be correct.”).

AFFIRMED.

ORFINGER, COHEN and EISNAUGLE, JJ., concur.


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