Smith v. Smith

District Court of Appeal of Florida

Smith v. Smith

62 So. 3d 672, 2011 Fla. App. LEXIS 6433, 2011 WL 1705574

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 2011

Docket5D10-1711, 5D10-2389

StatusPublished

Cited by1 cases

This text of 62 So. 3d 672 (Smith v. Smith) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Smith, 62 So. 3d 672, 2011 Fla. App. LEXIS 6433, 2011 WL 1705574 (Fla. Ct. App. 2011).

Pincite

Opinion

PER CURIAM.

Kathleen Smith appeals from an order approving the sale of certain real property pursuant to a sales contract procured by the court-appointed special magistrate. The special magistrate had been appointed by the court pursuant to a final judgment of partition. See § 64.061(4), Fla. Stat. (2008).

Our review is limited because of the lack of a transcript. In the absence of a transcript of the evidentiary hearing below, we are obligated to affirm the trial court unless fundamental error appears on the face of the appealed order. Murphy v. Murphy, 948 So.2d 864, 865 (Fla. 5th DCA 2007). No such error appears on the face of the trial court’s order. 1

AFFIRMED.

PALMER, ORFINGER and EVANDER, JJ., concur.

1

. The injunction provisions complained of by Ms. Smith were not made a part of the trial court’s final order and are no longer in effect. Accordingly, we decline to address the validity of same.

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