Background
J.G. appealed a judgment from the Circuit Court for Osceola County in a family-law proceeding against J.T. The circuit-court case was presided over by Judge Christy C. Collins.
The Sixth District’s brief per curiam opinion does not describe the underlying dispute or the relief ordered. Its citations indicate that the appeal involved an issue not raised in the pleadings but allegedly tried by consent, as well as a challenge affected by an incomplete record from a multi-day trial.
The Court’s Holding
The Sixth District Court of Appeal affirmed the circuit court’s judgment without a written discussion of the facts. The court cited Florida Family Law Rule of Procedure 12.190(b), which provides that issues tried by the parties’ express or implied consent are treated as though they had been raised in the pleadings.
The court also cited Loginov v. Samoilova, 345 So. 3d 372, 375 (Fla. 3d DCA 2022), which affirmed where an appellant challenging the sufficiency of the evidence supplied transcripts for only some days of a multi-day trial. The citations support affirmance based on trial by consent and the inadequacy of the appellate record.
Key Takeaways
- An issue omitted from the pleadings may nevertheless be treated as properly raised when the parties try it by express or implied consent.
- An appellant challenging evidentiary sufficiency must provide an appellate record adequate to evaluate the entire relevant proceeding.
- Partial transcripts from a multi-day trial may prevent meaningful appellate review and result in affirmance.
Why It Matters
The decision underscores two recurring appellate risks in family-law cases: litigating unpleaded issues without objection can establish consent to try them, and failing to provide a complete trial record can foreclose review of evidence-based arguments.
Because the court issued only a citation affirmance, the opinion offers limited factual or doctrinal guidance beyond the principles stated in the cited rule and case.