J. G.
v.
J. T.

Fla. 6th DCA | 2026-10-23
No. 2025-2115
Collins, J., Traver, C.J., Nardella, J., Brownlee, J.
2026 FL 14302 Florida District Court of Appeal, Sixth District (2026)

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Holding

Issues tried by express or implied consent of the parties are treated in all respects as if they had been raised in the pleadings.


Headnotes

[1] Issues not raised by the pleadings but tried by express or implied consent of the parties are treated in all respects as if they had been raised in the pleadings.

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Facts & Procedural History

This is a family law appeal from Osceola County involving parties J.G. and J.T.…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-2115 Lower Tribunal No. 2022-DR-000798

J.G., Appellant,

v.

J.T., Appellee.

Appeal from the Circuit Court for Osceola County. Christy C. Collins, Judge.

October 23, 2026

PER CURIAM.

AFFIRMED. See Fla. Fam. L. R. P. 12.190(b) (“When issues not raised by the pleadings are tried by express or implied consent of the parties, they will be treated in all respects as if they had been raised in the pleadings. . . ."); Loginov v. Samoilova, 345 So. 3d 372, 375 (Fla. 3d DCA 2022) (affirming challenge to sufficiency of evidence due to inadequate record, where appellant provided a transcript for some, but not all, dates of a multi-day trial).

TRAVER, C.J., and NARDELLA and BROWNLEE, JJ., concur.

Oscar S. Salgado, of Fighter Law, Orlando, for Appellant.

J.T., Lakeland, pro se.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

2


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