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Marie Fleurima v. Ivonne Harting

Docket 4D2025-2419

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilAffirmed
Filed
Jurisdiction
Florida
Court
District Court of Appeal of Florida
Type
Opinion
Case type
Civil
Disposition
Affirmed
Docket
4D2025-2419

Appeal from a final judgment of the Circuit Court for the Seventeenth Judicial Circuit, Broward County

Summary

The appellate court reviewed Marie Fleurima's appeal from a Broward County circuit court final judgment. Because Fleurima did not provide a trial transcript and the offered statement of the evidence lacked the trial court's required approval under Florida Rule of Appellate Procedure 9.200(b)(5), the Fourth District limited its review to errors apparent on the face of the final judgment and found none. The court therefore affirmed the trial court's judgment. The opinion cites Edman v. Edman as controlling precedent and notes the decision is not final until any timely motion for rehearing is resolved.

Issues Decided

  • Whether the appellate court may review alleged trial errors without a trial transcript or a trial-court-approved statement of the evidence under Florida Rule of Appellate Procedure 9.200(b)(5).
  • Whether any errors appear on the face of the final judgment that warrant reversal.

Court's Reasoning

Florida appellate practice requires either a trial transcript or a trial-court-approved statement of the evidence to review factual issues. Because neither was provided, the court's review was confined to errors apparent on the face of the final judgment. Finding no such facial errors and relying on controlling precedent (Edman v. Edman), the court concluded there was no basis to disturb the trial court's judgment and thus affirmed.

Authorities Cited

  • Edman v. Edman407 So. 3d 452 (Fla. 4th DCA 2025)
  • Florida Rule of Appellate Procedure 9.200(b)(5)

Parties

Appellant
Marie Fleurima
Appellee
Ivonne Harting
Judge
Michael A. Robinson

Key Dates

Opinion date
2026-04-29

What You Should Do Next

  1. 1

    Consider filing a motion for rehearing

    If the appellant believes the court overlooked a point or there is ground for reconsideration, she may file a timely motion for rehearing in the Fourth District per appellate rules.

  2. 2

    Prepare proper record for future appeal

    If further appellate review is sought, ensure a trial transcript is included or obtain a trial-court-approved statement of the evidence under Florida Rule of Appellate Procedure 9.200(b)(5).

  3. 3

    Consult an attorney

    Seek legal advice to evaluate grounds for rehearing or further review and to confirm compliance with filing deadlines and procedural requirements.

Frequently Asked Questions

What did the court decide?
The Fourth District affirmed the trial court's final judgment because the appellant did not provide a transcript or an approved statement of the evidence, limiting appellate review to errors appearing on the face of the judgment, of which none were found.
Who is affected by this decision?
The decision affects the parties to this appeal, appellant Marie Fleurima and appellee Ivonne Harting, by leaving the circuit court's judgment in place.
What does it mean that the decision is not final?
The court's opinion is not final until any timely motion for rehearing is filed and resolved; such a motion could prompt further action in the appellate court.
Can this decision be appealed further?
A party may seek further review (for example, by the Florida Supreme Court) only by the procedures and time limits applicable to that court; any rehearing motion in the Fourth District must be filed timely first.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
                               FOURTH DISTRICT

                           MARIE FLEURIMA,
                              Appellant,

                                      v.

                           IVONNE HARTING,
                               Appellee.

                            No. 4D2025-2419

                               [April 29, 2026]

   Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Michael A. Robinson, Judge; L.T. Case No.
062022CA010386AXXXCE.

   Marie Fleurima, Sunrise, pro se.

   No appearance for appellee.

PER CURIAM.

   Affirmed. See Edman v. Edman, 407 So. 3d 452, 454–55 (Fla. 4th DCA
2025) (because no trial transcript was provided to the appellate court and
the provided statement of the evidence was not approved by the trial court
as required by Florida Rule of Appellate Procedure 9.200(b)(5), “our review
is limited to those errors that may appear on the face of the final
judgment”).

KUNTZ, C.J., MAY and FORST, JJ., concur.

                           *          *           *

   Not final until disposition of timely-filed motion for rehearing.