Tamara Aissa Perez Morales v. Noel Guillermo Cruz

• Court: District Court of Appeal of Florida
• Decided: March 13, 2024
• Docket: 2023-1587
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-1587 Lower Tribunal No. 17-11780 ________________

Tamara Aissa Perez Morales, Appellant,

vs.

Noel Guillermo Cruz, Appellee.

An appeal from a non-final order from the Circuit Court for Miami-Dade County, Marcia del Rey, Judge.

JPA Law Firm, PLLC, and Jesse Philippe-Auguste, for appellant.

Grass, Reyes & Associates, and Katushca M. Grass, for appellee.

Before SCALES, LINDSEY, and MILLER, JJ.

MILLER, J. In this appeal, the mother challenges an order granting the father’s

emergency petition to temporarily relocate to Puerto Rico with the minor

children. Although she originally informally agreed to the relocation, the

mother now asserts the underlying petition was defective and the corollary

order fails for a lack of competent, substantial evidence. As to the former

contention, the undeveloped record before us does not establish that the

claimed deficiencies were properly preserved for appellate review. See

Hoirup v. Hoirup, 862 So. 2d 780, 782 (Fla. 2d DCA 2003); Esaw v. Esaw,

965 So. 2d 1261, 1267 (Fla. 2d DCA 2007). As to the latter, we conclude

the comprehensive findings rendered in the challenged order are legally

sufficient and well-supported by the testimony and exhibits adduced at the

hearing. 1 See Sanabria v. Sanabria, 271 So. 3d 1101, 1102 (Fla. 3d DCA

2019); Ryan v. Ryan, 252 So. 3d 272, 273 (Fla. 4th DCA 2018); Norris v.

Heckerman, 972 So. 2d 1098, 1099 (Fla. 1st DCA 2008). Accordingly, we

affirm the order under review.

Affirmed.

1 We summarily conclude the challenged text messages were properly admitted under the hearsay exception for a “party’s own statement in . . . an individual . . . capacity.” § 90.803(18)(a), Fla. Stat. (2023).