Fort Lauderdale Divorce Lawyer Blog
When a party to a divorce seeks to challenge a final judgment on appeal, they must provide the court with a sufficient record to support their claims. Without a transcript of the trial or a properly preserved objection, courts are generally required to affirm the lower court’s ruling. A recent Florida decision emphasizes the importance of preserving issues for appellate review, particularly when appealing findings related to alimony and equitable distribution. If you are navigating a contested divorce, it is essential to work with a Miami family law attorney who can take the steps necessary to protect your interests.
History of the Case
It is reported that the former husband filed an appeal from a final judgment of dissolution of marriage entered by the Miami-Dade Circuit Court. He alleged several errors, including the trial court’s award of durational alimony to the former wife, the inclusion of certain expenses in the alimony calculation, the division of funds in a Chase savings account, the denial of credit for the former wife’s use of the marital home, and the court’s determination that no enforceable marriage agreement existed between the parties.
It is alleged that the former husband specifically claimed that the former wife failed to request durational alimony in her petition. He further argued that the trial court erred in using expenses that would no longer exist after the divorce when calculating the wife’s need for support. Additionally, he challenged the distribution of the Chase savings account, asserting that he was entitled to a greater share. The former husband also contended that the former wife’s two years of rent-free residence in the marital home should have been credited against future alimony obligations. Finally, he asserted that the trial court improperly rejected the existence of a marital agreement.
Grounds for Dismissing an Appeal
It is reported that the appellate court noted the absence of a transcript from the trial proceedings, which significantly limited its ability to conduct a meaningful review. Under Florida law, when a party fails to provide a transcript, the appellate court must presume that the trial court’s judgment was supported by competent substantial evidence unless there is a fundamental error apparent on the face of the record. Without a transcript, appellate courts cannot second-guess factual findings, credibility assessments, or the exercise of judicial discretion.
The court cited long-standing precedent holding that factual issues raised on appeal cannot be resolved in the absence of a record of the trial proceedings. As such, the former husband’s arguments relating to alimony calculations, equitable distribution, and credibility determinations could not be evaluated on their merits.
The court found that the former husband also failed to file a motion for rehearing in the trial court to preserve his claims regarding the sufficiency of factual findings in the final judgment. Florida Family Law Rule of Procedure 12.530 requires that parties raise any objections to the absence of factual findings in a motion for rehearing in order to preserve the issue for appellate review. The appellate court emphasized that the former husband did not file such a motion and, therefore waived his right to challenge the sufficiency of the trial court’s findings.
As for the argument that the former wife did not plead for alimony, the court rejected that claim outright, pointing to the former wife’s 2022 petition for dissolution of marriage, in which she explicitly requested alimony. The petition included requests for temporary, durational, rehabilitative, bridge-the-gap, and lump-sum alimony. This undermined the former husband’s claim and demonstrated that the trial court’s award of durational alimony was within the scope of the pleadings.
Finally, the appellate court stated that even if the former husband’s claims had been properly preserved and supported by a transcript, it would have found no abuse of discretion. Florida appellate courts apply a deferential standard when reviewing trial court decisions on alimony and equitable distribution and will not reverse unless the record clearly shows that the trial court’s decision was unreasonable or unsupported by the evidence.
Consult an Experienced Miami Divorce Attorney
Preserving issues for appeal is a critical aspect of litigating complex family law matters. If you are involved in a divorce or post-judgment dispute and are considering an appeal or concerned about trial court findings, you need strategic guidance from an attorney who understands Florida’s family law system. The trusted Miami family law attorneys of The Law Offices of Sandy T. Fox, P.A., can aid you in seeking the best outcome possible. To schedule a confidential consultation, contact us at 800-596-0579 or fill out our online form.