GUILLERMO HUETE v. THELMA HUETE-SIERRA ( 2023 )


Menu:
  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    GUILLERMO HUETE,
    Appellant,
    v.
    THELMA HUETE-SIERRA,
    Appellee.
    No. 4D22-1843
    [May 24, 2023]
    Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
    Beach  County;    Maxine    Cheesman,       Judge;   L.T.    Case    No.
    502019DR010326MB.
    Casey M. Reiter of Casey Reiter Appeals, P.A., Loxahatchee, for
    appellant.
    Nicole Nicolette Mace and Curt Sanchez of The Law Offices of Curt
    Sanchez, P.A., West Palm Beach, for appellee.
    PER CURIAM.
    Appellant Guillermo Huete appeals the trial court’s final judgment of
    dissolution of marriage and relocation. The trial court granted Appellee
    Thelma Huete-Sierra’s petition for relocation with the parties’ daughter
    and awarded Appellee durational alimony.
    We affirm the trial court’s determinations regarding both relocation and
    durational alimony. Appellant submitted only a partial trial transcript.
    See Esaw v. Esaw, 
    965 So. 2d 1261
    , 1264 (Fla. 2d DCA 2007) (“The most
    salient impediment to meaningful review of the trial court’s decision is not
    the absence of findings, but the absence of a transcript.”).
    However, the trial court’s order is facially inconsistent with respect to
    how much Appellant owes in retroactive child support, how much
    Appellant must pay monthly in retroactive child support, and whether
    Appellant is required to pay retroactive alimony.          The trial court
    equivocated on each of these issues. For example, one portion of the order
    states that Appellant was required to pay retroactive alimony, whereas
    another portion states that Appellant is not required to pay retroactive
    alimony. We remand these three issues to the trial court to clarify its
    rulings and issue an amended judgment that is consistent with the record.
    See Rodriguez v. Medero, 
    17 So. 3d 867
    , 872 (Fla. 4th DCA 2009).
    Affirmed in part, reversed in part and remanded for further proceedings.
    GROSS, MAY and FORST, JJ., concur.
    *         *        *
    Not final until disposition of timely filed motion for rehearing.
    2
    

Document Info

Docket Number: 22-1843

Filed Date: 5/24/2023

Precedential Status: Precedential

Modified Date: 5/24/2023