Smith v. Smith

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

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No. 1D2022-3308

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TIMOTHY JAMES SMITH JR.,

Appellant,

v.

MALLORY NICOLE SMITH,

Appellee.

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On appeal from the Circuit Court for Leon County. Tiffany M. Baker-Carper, Judge.

February 5, 2025

PER CURIAM.

AFFIRMED. See Fla. R. App. P. 9.200(b), (e) (setting out process for proper transcription for inclusion in the appellate record and making the appellant responsible for compliance); Fla. R. Jud. Admin. 2.535 (governing court reporting); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“The trial court should have been affirmed because the record brought forward by the appellant is inadequate to demonstrate reversible error.”); see also Order dated January 16, 2024 (directing that a proper transcription of the hearing at issue be prepared and made part of the record, failing which summary affirmance under Applegate will follow).

OSTERHAUS, C.J., and LEWIS and TANENBAUM, JJ., concur.

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Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

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Michael J. Bauer of The Law Office of Michael J. Bauer, P.A., Tallahassee, for Appellant.

John C. Kenny of Law Offices of John C. Kenny, P.A., Tallahassee, for Appellee.