Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a court reporter and do you need one at your Florida family law hearing? A court reporter is a professional who records what is said at a hearing and can provide a transcript of testimony and court rulings. Why might it be important to have a court reporter at your hearing? This was an issue in the case Birnbaum v. Mortman, 4D21-2630 (Fla. 4th DCA June 29, 2022).
In the parties’ pending divorce case, the wife was awarded temporary alimony and temporary use of the marital home. The husband appealed these decisions, and when he appealed, he did not provide a transcript of the hearing to the appellate court. The appellate court directed him to file the transcript of the hearing or provide a statement of the evidence per the rules of appellate procedure. The husband did neither.
Accordingly, the appellate court declined to reverse the trial court’s ruling. It held: “‘Temporary relief awards ‘are among the areas where trial judges have the very broadest discretion, which appellate courts are very reluctant to interfere with except under the most compelling of circumstances.’’ Mullins v. Mullins, 799 So. 2d 450, 451 (Fla. 4th DCA 2001) (quoting Pedraja v. Garcia, 667 So. 2d 461, 462 (Fla. 4th DCA 1996)). ‘Temporary relief hearings are abbreviated and the relief granted is not final, so the trial judge may revisit temporary relief matters in the final judgment.’ Id. Without knowing what was presented at the temporary relief hearing, we cannot conclude that the rulings in the order were not supported by competent, substantial evidence. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.