Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an issue is appealed in a Florida family case, lack of a transcript is usually fatal to the appeal. Does it matter if a legal, versus a factual, issue is being appealed? This was discussed in the case Harris v. Lagana, 6D2025-0548 (Fla. 6th DCA March 13, 2026).
The former wife in the case appealed a lower court order which dismissed her complaint against her former husband based on interpretation of a choice-of-law clause in their marital settlement agreement. She did not provide a transcript of the hearing. The appellate opinion notes “In her briefing, Appellant asserts she raised the issue both in her response to Appellee’s motion to dismiss and at the hearing on that motion. Appellant’s response, however, does not mention the argument raised on appeal, and we have no transcript of the hearing on Appellee’s motion to dismiss.”
The appellate court further noted “It is true that where the issue is one of law and the hearing is non-evidentiary, a lack of transcript is not always fatal to the appeal. See, e.g., Creative Hardscapes, LLC v. Prawdzik, 397 So. 3d 163, 168–69 (Fla. 6th DCA 2024). Even for purely legal issues, though, the lack of a transcript may frustrate review, and require affirmance where the record is otherwise insufficient to demonstrate that the argument advanced on appeal was timely articulated below, i.e., through a written filing.”
The court concluded “Here, there is no filing that demonstrates the argument raised on appeal was presented below. Further, the lack of transcript prevents us from knowing what arguments were presented at the hearing on Appellee’s motion to dismiss, and thus from discerning whether Appellant’s argument on appeal was ever presented to the lower court. Accordingly, we must affirm.”
Nothing in this article is legal advice. Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.