STEPHEN WAYNE POVILAITIS JR v. MICHELE POVILAITIS MICHELE PYNE

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District Court of Appeal of Florida, Fifth District.

STEPHEN WAYNE POVILAITIS, JR., Appellant, v. MICHELE L. POVILAITIS, N/K/A MICHELE L. PYNE, Appellee.

Case No. 5D15-1002

Decided: December 30, 2016

Christine J. Lomas, of LomasLaw, P.A., Winter Park, for Appellant. Brian J. Lee, of Schuler & Lee, P.A., Jacksonville, for Appellee.

Stephen Povilaitis (the husband) appeals the trial court's order dissolving his marriage to appellee, Michele Povilaitis (the wife). We affirm.

The husband argues that the trial court erred in its rulings regarding alimony, child support, equitable distribution, and attorney's fees; however, he failed to provide this court with a complete transcript of the dissolution hearing. Other than errors which can be determined from the face of the final judgment (which these are not), “[t]he litigant who seeks to reverse a trial court's ruling must provide the appellate court with the trial transcript or a proper substitute to show where the trial court erred.” Joachim v. Joachim, 942 So. 2d 3, 4–5 (Fla. 5th DCA 2006). As the Third District ha recognized:

“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Absent a transcript, this Court may reverse the decision “only if an error of law appears on the face of the final judgment.” Whelan v. Whelan, 736 So.2d 732, 733 (Fla. 4th DCA 1999).

7750 Bldg., Inc. v. Atlantic Rack & Shelving, Inc., 999 So. 2d 663, 664 (Fla. 3d DCA 2008).

AFFIRMED.

PER CURIAM.

SAWAYA, PALMER and EDWARDS, JJ., concur.

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