Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
We see repeatedly in Florida family law cases the consequences of not having a transcript of your trial prepared - even if you have a case that could be successful on appeal, the lack of a transcript could derail your chances of success. Lack of a transcript was an issue in the case Fernandez v. Gonzalez, 3D24-1153 (Fla. 3d DCA March 5, 2025).
The mother petitioned to modify the parties’ parenting plan, citing the father’s violent outbursts, instability, and failure to meet the child’s needs. The trial court granted the petition and the father appealed, arguing he “was not afforded a meaningful opportunity to be heard”; “the substantial change test was not met”; and that the order “was based on a number of serious factual inaccuracies and possible perjury by the [Mother].”
The appellate court affirmed, holding “Given the nature of the issues raised on appeal, and the failure of the Father to provide a transcript of the hearing or statement of evidence or proceedings upon which the final judgment was based, we must affirm.” Since there were no clear errors on the face of the judgment, the appellate court had no basis to overturn the final judgment.
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