FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Nick
I. Parker, Fort Pierce, for Appellant.
Eugenia Tiara Wallace, pro se.
Smith, Jr., appeals the final judgment resolving his
supplemental petition for modification of child support. He
alleges that the judgment contains numerous errors, including
miscalculations and omissions. We note that our review is
limited to errors on the face of the judgment because there
is no transcript of the proceedings. In Applegate v.
Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.
1979), the Florida Supreme Court explained:
When there are issues of fact the appellant necessarily asks
the reviewing court to draw conclusions about the evidence.
Without a record of the trial proceedings, the appellate
court can not [sic] properly resolve the underlying factual
issues so as to conclude that the trial court's judgment
is not supported by the evidence or by an alternative theory.
Without knowing the factual context, neither can an appellate
court reasonably conclude that the trial judge so
misconceived the law as to require reversal. The trial court
should have been affirmed because the record brought forward
by the appellant is inadequate to demonstrate reversible
even in the absence of a transcript, an appellate court can
reverse in those instances when the trial court makes an
error of law on the face of the judgment. Siam Motors,
Inc. v. Spivey, 136 So.3d 692, 694 (Fla. 2d DCA 2014).
In the present case, we find no error of law on the face of
the judgment and affirm.
that Mr. Smith asked the trial court to approve a statement
of the evidence and an amended statement of the evidence
pursuant to Florida Rule of Appellate Procedure 9.200. Rule
9.200(b)(4) provides as follows:
If no report of the proceedings was made, or if the
transcript is unavailable, a party may prepare a statement of
the evidence or proceedings from the best available means,
including the party's recollection. The statement shall
be served on all other parties, who may serve objections or
proposed amendments to it within 10 days of service.
Thereafter, the statement and any objections or proposed
amendments shall be filed with the lower tribunal for
settlement and approval. As settled and approved, the
statement shall be included by the clerk of the lower
tribunal in the record.
7, 2016, the trial court held a hearing on Mr. Smith's
request and found that Ms. Wallace's counsel had
"agreed that these things happened in this case, 1
through 19. So those will be part of the statement of
proceedings." Then the trial
court advised Mr. Smith, "You need to complete an order
which states that, okay?" That way, the court noted,
"the DCA will have at least 19 stipulated facts on the
record." The court then decided to write the order:
"Actually, you know what? I'm going to go ahead and
do that order. Not that you can't do it, but it would be
easier if I did it and I'll do that in a few minutes when
examining the record on appeal, we are unable to locate a
written order that comports with the trial court's oral
pronouncement. Rather, twenty-two days after the hearing, the
trial court entered a written order denying the very motion
it had previously granted as to the nineteen facts. In its
order, the trial court ruled as follows:
5) The Court finds the Petitioner the Petitioner [sic]
prepared a statement of the evidence and submitted the