Rhodes v. Rhodes

Summary

The Alabama Court of Civil Appeals affirmed an order changing child custody because the record lacked a reporter’s transcript, a certified statement of the evidence, and an adequate appellant’s brief. The court applied the presumptions favoring the trial court’s judgment after an ore tenus hearing and awarded the appellee $350 in attorney’s fees on appeal.

Holdings

1. When the record contains no proper transcript or certified statement of the testimony, there is no evidence for the appellate court to review.
2. When an appellant fails to provide a proper record of the evidence and fails to support the argument with citations to authorities and the relevant parts of the record, the appellate court must presume that the evidence supports the trial court's judgment.
3. The appellee was entitled to $350 in attorney's fees on appeal.

Questions Presented

1. Whether the appellate court could review the sufficiency of the evidence supporting the custody-change order when the record contained no proper transcript or certified statement of the testimony.
2. Whether the judgment had to be affirmed under the presumption of correctness applicable to ore tenus judgments when the appellant's brief failed to comply with appellate briefing requirements.
3. Whether the appellee was entitled to attorney's fees on appeal.

Disposition

affirmed