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MIZE v. MIZE

District Court of Appeal of Florida, First District
Oct 1, 2010
45 So. 3d 49 (Fla. Dist. Ct. App. 2010)

Summary

refusing to reverse due to absence of findings required by statute where appellant failed to bring deficiency to attention of trial court

Summary of this case from Badgley v. Sanchez

Opinion

No. 1D10-0786.

August 25, 2010. Rehearing Denied October 1, 2010.

An appeal from the Circuit Court for Bradford County. Phyllis M. Rosier, Judge.

Gary S. Edinger, Gainesville, for Appellant.

Terence M. Brown, of Brown Sexton, Starke, for Appellee.


The Husband contests a Final Order of Dissolution, arguing, among other things, that the trial court made insufficient fact findings to support its apportionment of liabilities, its denial of his motion to vacate a temporary alimony award, and its decision to grant the Wife's motion for attorney's fees. We agree these determinations were not supported by adequate fact findings. However, because the Husband failed to challenge the insufficiency of the fact findings through a motion for rehearing or by any other post-judgment pleading, he has failed to preserve these issues for appellate review. For this reason, and because we find the Husband's remaining arguments meritless, the Final Judgment of Dissolution is AFFIRMED.

See Simmons v. Simmons, 979 So.2d 1063, 1064 (Fla. 1st DCA 2008) (stating "[a] party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing"); see also Welch v. Welch, 22 So.3d 153, 155-56 (Fla. 1st DCA 2009); Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007).

KAHN and WEBSTER, JJ., concur.


Summaries of

MIZE v. MIZE

District Court of Appeal of Florida, First District
Oct 1, 2010
45 So. 3d 49 (Fla. Dist. Ct. App. 2010)

refusing to reverse due to absence of findings required by statute where appellant failed to bring deficiency to attention of trial court

Summary of this case from Badgley v. Sanchez
Case details for

MIZE v. MIZE

Case Details

Full title:Richard C. MIZE, Husband, Appellant, v. Heidi W. MIZE, Wife, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 1, 2010

Citations

45 So. 3d 49 (Fla. Dist. Ct. App. 2010)

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