Steven Hewell v. Joudelene Hewell

Summary

The Florida Third District Court of Appeal affirmed a final judgment of dissolution of marriage in all respects. The court rejected challenges to the unequal distribution and valuation of marital debts, noting that the former husband had not provided a trial transcript and had not preserved objections to the absence of factual findings through a motion for rehearing.

Holdings

1. When an appellant does not provide a transcript of the lower-court proceedings, the appellate court cannot meaningfully review claims requiring review for competent substantial evidence or abuse of discretion, absent a supportable claim of fundamental error.
2. A challenge to the trial court's failure to make required factual findings in a final judgment must be raised in a motion for rehearing in the trial court to be preserved for appeal.
3. An equitable distribution determination is reviewed for abuse of discretion.

Questions Presented

1. Whether the trial court abused its discretion by unequally distributing the marital debts.
2. Whether the trial court erred in finding that Former Husband agreed to pay the marital debts.
3. Whether the trial court failed to value and equally distribute all of Former Husband's claimed marital debts.
4. Whether Former Husband preserved a challenge to the trial court's failure to make required factual findings in the final judgment.

Disposition

affirmed