Herrera-Frias v. Frias

Summary

The Florida Second District Court of Appeal affirmed a judgment dissolving the marriage of Claudia Herrera-Frias and Jesus Frias. The court upheld the equitable-distribution provisions and declined to disturb the child-custody and child-support rulings because the appellant failed to provide a transcript and had willfully violated an order requiring her to return the parties’ children to Florida.

Holdings

1. An appellant challenging trial-court decisions that depend on the evidence and arguments presented below must provide a transcript or otherwise take the necessary steps to furnish an adequate appellate record; without such a record, appellate review is extremely limited.
2. When a parent willfully violates a pretrial order concerning removal of children from the court's jurisdiction, the trial court has discretion to award sole parental responsibility to the parent who is properly before the court and complies with the court's orders.
3. The judgment of dissolution was affirmed.

Questions Presented

1. Whether the trial court erred in its equitable-distribution determinations.
2. Whether the trial court erred by awarding Jesus Frias sole parental responsibility and limiting Claudia Herrera-Frias's contact with the children.
3. Whether the trial court erred in calculating child support.
4. Whether the absence of a transcript or adequate record prevented meaningful appellate review of evidence-dependent issues.

Disposition

affirmed