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eBook details

• Title: Richard R. Casella v. Cheryl D. Casella
• Author : Court of Appeal of Florida
• Release Date : January 07, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellant, former husband, seeks review of the trial court's amended final judgment of dissolution of marriage. After rendering
of the final judgment, in response to the former husband's motion for rehearing and after hearing argument, the trial court,
while denying the motion for rehearing, entered an amended final judgment that differed significantly from the final judgment.
The final judgment allotted the former husband an imputed gross income of $30,000 and the wife no income. The amended judgment
allotted the former husband an imputed gross income of $40,000 and the former wife an imputed income of $12,000. Both judgments
required the former husband pay approximately $1824 per month in alimony and child support. The former husband alleges error
in the amount of child support and the amount of alimony awarded. We agree and reverse and remand. As a threshold issue we note the failure to have a court reporter present at either the final hearing or during arguments
on the motion for rehearing. Although several exhibits that were introduced into evidence have been submitted to this court,
we have no transcript of the proceedings below for review. The decision of the trial court comes to an appellate court clothed
in a presumption of correctness and the burden is on appellant to demonstrate reversible error. Therefore, the failure to
provide either a transcript or proper substitute for one, such as a reconciliation of the facts by the parties and trial court
judge, is usually fatal. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979).

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