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Owens v. Owens

District Court of Appeal of Florida, First District
Aug 31, 2007
973 So. 2d 1169 (Fla. Dist. Ct. App. 2007)

Summary

holding appellant fails to preserve the issue of sufficient findings of fact for appellate review, when she fails to move for rehearing or otherwise raise the issue before the lower court

Summary of this case from Harrell v. Cook

Opinion

No. 1D06-5676.

August 31, 2007.

Appeal from the Circuit Court, Holmes County, Allen L. Register, J.

Scott A. Snavely of Scott A. Snavely, P.A., Tallahassee, for Appellant.

Russell S. Roberts of Roberts, Roberts Roberts, Marianna, for Appellee.


The former wife, appellant, challenges a final judgment of dissolution of marriage. Appellant raises five issues on appeal; we affirm as to all issues, but briefly discuss one.

Appellant asserts that the final judgment lacks sufficient findings of fact to allow meaningful appellate review. Appellant, however, never challenged the adequacy of the findings in a motion for rehearing or by any other means available in the trial court. We, therefore, determine that this issue was not properly preserved for appellate review. See Mathieu v. Mathieu, 877 So.2d 740 (Fla. 5th DCA 2004), review denied, 909 So.2d 862 (Fla. 2005) (treating lack of adequate findings as unpreserved error unless previously brought to the trial court's attention); see also Broadfoot v. Broadfoot, 791 So.2d 584 (Fla. 3d DCA 2001) (holding a party cannot appeal inadequate findings in a dissolution case unless the alleged defect was brought to the trial court's attention in a motion for rehearing).

ALLEN and PADOVANO, JJ., concur.


Summaries of

Owens v. Owens

District Court of Appeal of Florida, First District
Aug 31, 2007
973 So. 2d 1169 (Fla. Dist. Ct. App. 2007)

holding appellant fails to preserve the issue of sufficient findings of fact for appellate review, when she fails to move for rehearing or otherwise raise the issue before the lower court

Summary of this case from Harrell v. Cook

holding that a claim that a "final judgment lacks sufficient findings of fact" must be brought to the attention of a trial court by proper motion for the claim to be preserved for appellate review

Summary of this case from Miron v. Richardson

holding that appellant's argument that final judgment lacked sufficient findings was not preserved for appellate review because appellant did not raise it "in a motion for rehearing or by other means available in the trial court"

Summary of this case from Engle v. Engle

holding party's failure to challenge adequacy of factual findings in the trial court rendered issue unpreserved for appellate review

Summary of this case from Helling v. Bartok

concluding that the absence of sufficient factual findings to allow meaningful appellate review of a final judgment of dissolution of marriage was never raised in a motion for rehearing or by any other available means in the trial court and, therefore, was not preserved for appellate review

Summary of this case from Welch v. Welch

affirming where appellate challenge to adequacy of trial court's findings in final judgment not preserved by motion for rehearing below

Summary of this case from Thomas v. Joseph
Case details for

Owens v. Owens

Case Details

Full title:Cynthia Lee Baxley OWENS, Appellant, v. John Stanley OWENS, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 31, 2007

Citations

973 So. 2d 1169 (Fla. Dist. Ct. App. 2007)

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