Jonathan Austin Burkett v. Maria Chona Kalaw Kaibigan Burkett, etc. , 155 So. 3d 478 ( 2015 )

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JONATHAN AUSTIN BURKETT,
NOT FINAL UNTIL TIME EXPIRES TO
Appellant, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D14-1843
MARIA CHONA KALAW
KAIBIGAN BURKETT, n/k/a
McCay,
Appellee.
_____________________________/
Opinion filed January 20, 2015.
An appeal from the Circuit Court for Escambia County.
Thomas R. Santurri, Judge.
Sharon K. Wilson, Pensacola, for Appellant.
Autumn O. Beck, Pensacola, for Appellee.
PER CURIAM.
The former husband appeals from an order awarding the former wife
attorney’s fees for proceedings to modify a final judgment of dissolution of
marriage, as well as an income deduction order effectuating the fee order. He has
shown error in the trial court’s failure to include sufficient findings to support the
fee award, but we are constrained to affirm as to this issue because the former
husband did not file a motion for rehearing alerting the trial court to the
deficiencies in the findings. See Owens v. Owens, 973 So. 2d 1169, 1170 (Fla. 1st
DCA 2007); See Furr v. Furr, 57 So. 3d 914, 914 (Fla. 1st DCA 2011). The former
husband has also raised our suspicions concerning substantive error in the decision
to award attorney’s fees, in the amount of attorney’s fees awarded, and in the
inclusion of all the attorney’s fees in the income deduction order. However, we are
again constrained to affirm because the former husband has represented that no
transcript is available for the relevant hearing. See Applegate v. Barnett Bank of
Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Without a transcript, we cannot
know what evidence the court heard beyond the documents that were filed in the
record, and we cannot know what issues were preserved for review. See id.; Rose
v. Clements, 73 So. 2d 529, 530 (Fla. 1st DCA 2007); Hoffman v. Hoffman, 920
So. 2d 131, 131 (Fla. 1st DCA 2006).
AFFIRMED.
ROBERTS, RAY, and MAKAR, JJ., CONCUR.
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