QUANDARIUS SMITH
v.
STACI WILLIAMS AND ALEXIS AMOY BAILEY
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An appellant who fails to provide the trial court transcript cannot challenge the evidentiary support for the trial court's order and must demonstrate fundamental error appearing on the face of the order to prevail on appeal.
[1] An appellant who fails to provide the trial court transcript on appeal cannot challenge the evidentiary support for the trial court's order and must demonstrate fundament…
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Join FLexlaw to unlock all legal intelligence“we are precluded from addressing whether the trial court's order was without evidentiary support”
The court explaining why it could not review the merits of the trial court's decision due to the missing transcript.
Quandarius Smith, the father of a minor child, appealed an order denying his motion for contempt against Staci Williams, the child's temporary custodi…
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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
QUANDARIUS SMITH,
Appellant,
v. Case No. 5D20-2297
STACI WILLIAMS AND ALEXIS
AMOY BAILEY,
Appellees.
________________________________/
Opinion filed June 4, 2021
Appeal from the Circuit Court for Marion County,
R. Gregg Jerald, Judge.
Quandarius Smith, Lawrenceville, pro se.
No Appearance for Appellee.
PER CURIAM.
The father, Quandarius Smith, appeals an order denying his motion for contempt brought against the minor child’s temporary custodian, Staci Williams, for alleged interference with visitation. Because the father has not
2 provided this Court with the necessary transcript of the proceedings below, we are precluded from addressing whether the trial court’s order was without evidentiary support. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). We must affirm unless the father 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 father has made no such showing in this case.
AFFIRMED.
EVANDER, C.J., EISNAUGLE and TRAVER, JJ., concur.