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Smith v. Smith

District Court of Appeal of Florida, Fifth District
Jun 6, 2011
62 So. 3d 672 (Fla. Dist. Ct. App. 2011)

Opinion

Nos. 5D10-1711, 5D10-2389.

May 6, 2011. Rehearing Denied June 6, 2011.

Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.

Kathleen Smith, Las Vegas, Nevada, pro se.

No Appearance for Appellee.


Kathleen Smith appeals from an order approving the sale of certain real property pursuant to a sales contract procured by the court-appointed special magistrate. The special magistrate had been appointed by the court pursuant to a final judgment of partition. See § 64.061(4), Fla. Stat. (2008).

Our review is limited because of the lack of a transcript. In the absence of a transcript of the evidentiary hearing below, we are obligated to affirm the trial court unless fundamental error appears on the face of the appealed order. Murphy v. Murphy, 948 So.2d 864, 865 (Fla. 5th DCA 2007). No such error appears on the face of the trial court's order.

The injunction provisions complained of by Ms. Smith were not made a part of the trial court's final order and are no longer in effect. Accordingly, we decline to address the validity of same.

AFFIRMED.

PALMER, ORFINGER and EVANDER, JJ., concur.


Summaries of

Smith v. Smith

District Court of Appeal of Florida, Fifth District
Jun 6, 2011
62 So. 3d 672 (Fla. Dist. Ct. App. 2011)
Case details for

Smith v. Smith

Case Details

Full title:Kathleen SMITH, Appellant, v. James W.P. SMITH, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 6, 2011

Citations

62 So. 3d 672 (Fla. Dist. Ct. App. 2011)