Fort Lauderdale Divorce Lawyer Blog
In Florida divorce proceedings, parties must follow procedural rules to ensure their right to appellate review. Without an adequate record, appellate courts are constrained in their ability to review the lower court’s findings. A recent Florida divorce case illustrates how the absence of a trial transcript and the failure to raise issues in a rehearing can lead to the summary affirmance of a trial court’s judgment. If you are involved in a divorce and considering an appeal, it is critical to work with a Miami family law attorney who understands the importance of procedural preservation.
Facts and Procedure of the Case
It is reported that the former husband appealed a final judgment of dissolution of marriage, asserting five alleged errors committed by the trial court. His claims included the award of durational alimony to the former wife, the inclusion of certain expenses in the alimony calculation, the equitable distribution of a Chase Savings Account, the failure to credit him with two years of rent-free residence by the former wife, and the rejection of a purported marital agreement.
Lack of Preserved Error in Divorce Actions
It is alleged that the court reviewed the former husband’s claims in light of his failure to provide a transcript of the proceedings. Four of the five issues depended on the trial court’s factual determinations, credibility assessments, or evidentiary rulings. The court emphasized that it could not reverse decisions based on factual determinations without a transcript or an appropriate alternative. Citing established precedent, the court reiterated that appellants bear the burden of providing an adequate record. Without a trial transcript or a legally acceptable substitute, the appellate court found it could not meaningfully assess these claims.
The court also reinforced the necessity of preserving legal errors through a motion for rehearing, especially when a party challenges the trial court’s failure to make required factual findings. Florida Family Law Rule of Procedure 12.530 requires that such issues be raised in a timely motion to preserve them for appellate review.
It is reported that the former husband also contended that the trial court failed to include necessary factual findings in the judgment. However, he did not file a motion for rehearing to preserve this issue. As such, the court deemed this argument waived.
The only claim subject to appellate review was the contention that the trial court awarded alimony not requested by the former wife. However, the record included her petition, which expressly sought various forms of alimony, including durational support.
Furthermore, the court addressed the only claim it could reach, whether the alimony award exceeded the former wife’s prayer for relief. The court concluded that the claim lacked merit because the wife had explicitly requested various types of alimony in her petition. As a result, the trial court’s alimony award was consistent with her pleadings.
Talk to a Trusted Miami Divorce Attorney Today
Appealing a divorce judgment requires careful attention to procedural requirements, including creating a full trial record and properly preserving objections. If you are preparing for or involved in a Florida divorce appeal, an experienced attorney can make the difference between a successful challenge and a summary affirmance. The trusted Miami family law attorneys at The Law Offices of Sandy T. Fox, P.A., are committed to advocating for our clients at every stage of litigation. You can reach us at 800-596-0579 or contact us online to schedule a confidential consultation.