SMITH v. SMITH (2025)

District Court of Appeal of Florida, First District.

Timothy James SMITH Jr., Appellant, v. Mallory Nicole SMITH, Appellee.

No. 1D2022-3308

Decided: February 05, 2025

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.

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.

Per Curiam.

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