Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How important is it to have a transcript of your Florida family law hearing? If you want to appeal the court’s decision, a transcript is usually required. Without it, the appellate court may decline to review the merits of your case. This was an issue in the case Scognamillo v. Scognamillo, 3D22-2054 (Fla. 3d DCA November 15, 2023).
The parties in this case had a trial to dissolve their marriage. A final judgment was entered which the former husband contended contained errors. He appealed. The appellate court held “Here, any arguments as to the trial court’s factual findings are not preserved for appeal. The Father was required to alert the trial court of any alleged error via a motion for rehearing or some other appropriate motion in order to preserve his arguments for appellate review and did not do so.” The court additionally held '“Equally fatal to the instant appeal is the lack of a transcript. ‘In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed.’ Haddad v. Khan, 54 So. 3d 524, 525 (Fla. 3d DCA 2010). Finding no fundamental error on the face of the trial court’s order, we affirm as the Father failed to meet his burden to demonstrate reversible error.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.