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Martin v. Martin

District Court of Appeal of Florida, Fourth District
Sep 22, 2010
43 So. 3d 195 (Fla. Dist. Ct. App. 2010)

Opinion

No. 4D09-2805.

September 22, 2010.

Appeal from the Nineteenth Judicial Circuit Court, Indian River County, George A. Shahood, Senior Judge.

Antonio Joseph Martin, Sebastian, pro se.

No appearance for appellee.


The final judgment of dissolution is affirmed. The husband has failed to furnish a transcript, without which he has failed to demonstrate error in the factual findings that the court made and to which he objects. See Applegate v. Burnett Bank, 377 So.2d 1150, 1152 (Fla. 1979). Where the record contains no transcript of the trial, an appellate court can address only errors that appear on the face of the final judgment. See Wofford v. Wofford, 20 So.3d 470, 474 (Fla. 4th DCA 2009). However, even with a transcript we would conclude that the errors he complains of were not errors at all. Most of his complaints center around his lack of opportunity to address certain issues and present evidence, but the trial court orders show that a trial occurred, and he was given the opportunity to present witnesses and evidence but did not avail himself of that opportunity. The remaining issues entail factual issues involving credibility of witnesses. The trial court has wide discretion in evaluating the credibility of evidence and witnesses. See, e.g., Marsh v. Marsh, 419 So.2d 629, 630 (Fla. 1982).

Affirmed.

GROSS, C.J., WARNER and CIKLIN, JJ., concur.


Summaries of

Martin v. Martin

District Court of Appeal of Florida, Fourth District
Sep 22, 2010
43 So. 3d 195 (Fla. Dist. Ct. App. 2010)
Case details for

Martin v. Martin

Case Details

Full title:Antonio Joseph MARTIN, Appellant, v. Cheryl Reinhold MARTIN, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 22, 2010

Citations

43 So. 3d 195 (Fla. Dist. Ct. App. 2010)

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