Posted by Nydia Streets of Streets Law in Divorce

Some parties may think the extra expense of a court reporter in their Miami divorce is something they can go without. But the case Frezza v. Frezza, 216 So.3d 758 (Fla. 2d DCA 2017) shows why a court reporter is important - failure to provide a record of the trial court proceedings can result in a denial of your appeal, even if you believe you have sufficient grounds for an appeal. 

A court reporter is a professional who attends hearings and records the proceedings. A transcript of what is said at the hearing is produced if requested. In order to appeal a ruling made by a judge, appellate courts have consistently ruled that failure to provide a transcript precludes the court from reviewing the merits of the arguments made on appeal. Unless there is a clear error on the face of the order being appealed, the appellate court will uphold the trial court's rulings. 

In the Frezza case, the former wife appealed various parts of the trial court's final judgment of divorce but did not provide a transcript of the proceedings. Therefore, the appellate court affirmed the trial court's rulings, holding for example that even though the judgment did not include an analysis of the factors required to be reviewed when awarding attorneys' fees, the trial court judge could have orally gone through those factors. But the appellate court had no way of knowing because no transcript was provided, and in the absence of the same, it had to assume the trial court proceeded correctly. 

A Miami divorce lawyer can help you prepare for your hearing and advise you of all steps needed to protect your right to appeal. A consultation can help you determine your best strategy for success in your Miami family law case.