Posted by Nydia Streets of Streets Law in Florida Family Law
Do I need a court reporter for my Florida family law hearings? While a court reporter is not required in all hearings, it may be important to have one present to protect your ability to appeal. Without a transcript of the court proceedings, the appellate court is unable to review what happened at the hearing you are trying to appeal.
The case Hernandez v. Vidal, 3D21-1896 (Fla. 3d DCA January 25, 2023) provides a good example of why a court reporter may be important. The former husband appealed his final judgment of divorce. He did not have a full transcript of the hearing that took place, and provided a partial transcript to the appellate court. The appellate court therefore upheld the trlal court's final judgment, holding “The findings of a trial court come to an appellate court clothed with a presumption of correctness. [. . .] The Appellant has only given this Court a partial transcript of the trial held on July 7, 2021, and accordingly, this Court does not find that the record is adequate to support reversible error.”
Schedule your meeting with a Miami family law attorney to understand how to proceed in your Florida family law case.