Opinion
Case No. 5D15-1002 Case No. 5D15-3069 Case No. 5D15-3187
12-30-2016
STEPHEN WAYNE POVILAITIS, JR., Appellant, v. MICHELE L. POVILAITIS, N/K/A MICHELE L. PYNE, Appellee.
Christine J. Lomas, of LomasLaw, P.A., Winter Park, for Appellant. Brian J. Lee, of Schuler & Lee, P.A., Jacksonville, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Volusia County, Dawn D. Nichols, Judge. Christine J. Lomas, of LomasLaw, P.A., Winter Park, for Appellant. Brian J. Lee, of Schuler & Lee, P.A., Jacksonville, for Appellee. PER CURIAM.
Stephen Povilaitis (the husband) appeals the trial court's order dissolving his marriage to appellee, Michele Povilaitis (the wife). We affirm.
The husband argues that the trial court erred in its rulings regarding alimony, child support, equitable distribution, and attorney's fees; however, he failed to provide this court with a complete transcript of the dissolution hearing. Other than errors which can be determined from the face of the final judgment (which these are not), "[t]he litigant who seeks to reverse a trial court's ruling must provide the appellate court with the trial transcript or a proper substitute to show where the trial court erred." Joachim v. Joachim, 942 So. 2d 3, 4-5 (Fla. 5th DCA 2006). As the Third District ha recognized:
"Without a record of the trial proceedings, the appellate court can not 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." Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Absent a transcript, this Court may reverse the decision "only if an error of law appears on the face of the final judgment." Whelan v. Whelan, 736 So.2d 732, 733 (Fla. 4th DCA 1999).7750 Bldg., Inc. v. Atlantic Rack & Shelving, Inc., 999 So. 2d 663, 664 (Fla. 3d DCA 2008).
AFFIRMED. SAWAYA, PALMER and EDWARDS, JJ., concur.