Evans v. Miller ( 2018 )


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  •          IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FIFTH DISTRICT
    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    DISPOSITION THEREOF IF FILED
    KRISTY ANN EVANS,
    Appellant,
    v.                                                   Case No. 5D17-4090
    DAVID EDWARD MILLER,
    Appellee.
    ________________________________/
    Opinion filed October 12, 2018
    Appeal from the Circuit Court
    for Marion County,
    Jennifer Bass, Judge.
    Kristy Ann Evans, Fort Lauderdale,
    pro se.
    Linda A. Wagner, of Middleton &
    Middleton, P.A., Melrose, for Appellee.
    PER CURIAM.
    The former wife, Kristy Ann Evans, appeals the trial court’s order granting the
    former husband’s, David Edward Miller, supplemental petition to modify timesharing, the
    parenting plan, and child support. The former wife argues that we “should revisit the
    issues” to determine whether the trial court properly granted the former husband’s
    supplemental petition.
    Because we do not have a transcript of the proceedings below, we cannot address
    the former wife’s contention that the trial court’s decision on the issues is without
    evidentiary support. See Applegate v. Barnett Bank of Tallahassee, 
    377 So. 2d 1150
    ,
    1152 (Fla. 1979). Thus, we must affirm unless the former wife can demonstrate that
    “fundamental error appears on the face of the appealed order.” Murphy v. Murphy, 
    948 So. 2d 864
    , 865 (Fla. 5th DCA 2007). The former wife has made no such showing in this
    case.
    AFFIRMED.
    ORFINGER, EVANDER and WALLIS, JJ., concur.
    2
    

Document Info

Docket Number: 5D17-4090

Filed Date: 10/8/2018

Precedential Status: Precedential

Modified Date: 10/19/2018