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If there is no reporting of a hearing in chambers is there some other portion of the record I need to include in my appeal?

Ponte Vedra, FL |

I'm representing Pro Se in my divorce because I can't afford an attorney. I'm appealing a ruling heard in chambers. But, there is no recording or reporting taken in chambers. Is there something else in the record I need to include in my appeal?

Attorney Answers 5

  1. The appellate rules allow you to recreate the record with a statement of the evidence or a stipulated approval of the other side. This is often difficult to do especially if the opposing side is difficult.

  2. Most persons hire a court reporter to make a record of proceedings. Without a record how do you intend to point out an error of law or fact? This is an example of how costly it is to go to court without a lawyer. You would have saved a ton

    Now you really have no court record of err upon which to make an appeal

  3. I do not practice in Florida and you should wait for some response from attorneys from your state. But before you go any further with this, be sure that you are dealing with an appealable order. From your posting it sounds as though your case is not over yet. In must jurisdictions, very few rulings can be appealed on a interlocutory basis (i.e., as they come up). In general, there is to be only one appeal, and that from the final judgment, at which time all allegations of error that are still significant are raised in a single proceeding. It is impossible to tell how this general rule applies in your state and how it applies to this particular ruling in your case, but it is a question that has to be resolved before you proceed with the appeal.

  4. I agree with Jason's statement. However you did not state what type of ruling you are appealing. Some rulings are not appealable until the case is over. Also, include in the record on appeal, the written order, the motion and any response to the motion that might have been filed. Those documents might show error on their face.

  5. If you go in with an inadequate record, the appellate court will rule against you. You need to consult an attorney with details in order to establish what needs to be submitted.

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