Letticia Lopez v. Pedro Fernandez

No. 3D25-486 (Fla. 3d DCA July 23, 2025) · Third District Court of Appeal of Florida · July 23, 2025 · No. 3D25-486

Summary

The Florida Third District Court of Appeal affirmed a final order granting Pedro Fernandez a permanent injunction for protection of the parties’ minor child. Because the appellant provided no transcripts or statement of the evidence, the court reviewed only the lower court’s order and found no legal error apparent on its face.

Holdings

  1. When an appellant provides no transcripts and no statement of the evidence or proceedings, the appellate court is limited to reviewing the lower court's order and cannot resolve underlying factual issues or determine that the judgment lacks evidentiary support.
  2. The permanent-injunction order was affirmed because no legal error appeared on its face.

Questions Presented

  1. Whether the final order granting a permanent injunction for protection of the minor child should be reversed on the appellate record.
  2. Whether the absence of transcripts or an acceptable statement of the evidence or proceedings limited appellate review to legal error apparent on the face of the lower court's order.

Disposition

affirmed

Cases Cited (3)

  • Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)(followed)
  • Saenz v. Diaz, 50 Fla. L. Weekly D1379, D1380 (Fla. 3d DCA June 25, 2025)(followed)
  • Sheikh v. Mughal-Sheikh, 114 So. 3d 212, 213 (Fla. 5th DCA 2012)(followed)

Cited In (0)

No citing cases on record yet.

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