Payal Khare v. Pankaj Khare

Summary

The Florida Third District Court of Appeal affirmed the dismissal of Payal Khare’s dissolution of marriage action for lack of subject matter jurisdiction, lack of personal jurisdiction, and forum non conveniens. The court held that the appellant’s failure to provide a transcript prevented review of the trial court’s factual findings, and that her in rem jurisdiction argument was not preserved for appellate review.

Holdings

1. When an appellant challenges factual issues or claims that the trial court misconceived the law, but fails to provide the transcript of the proceedings on which the challenged order relied, the appellate court cannot properly resolve the issues and is constrained to affirm.
2. An issue not presented to the lower court, including the specific legal argument or ground advanced on appeal, is generally waived and will not be considered on appeal.

Questions Presented

1. Whether the appellate court could review challenges to the trial court's jurisdictional and forum non conveniens dismissal without a transcript of the evidentiary hearing on which the order relied.
2. Whether the appellant could obtain appellate review of the trial court's alleged failure to exercise in rem jurisdiction when the issue was not raised below.
3. Whether the asserted error was fundamental error excusing preservation.

Disposition

affirmed