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Why It Can Be Important To Have A Court Reporter At A Contested Final Hearing In A Divorce Case

November 3, 2015 by  
Filed under Uncategorized

 

 

 

In this digital age having a court reporter use a stenograph to record argument and testimony at a final hearing in a divorce case can seem kind of archaic, even if the stenograph is plugged into a laptop computer.  However, failure to have a court reporter attend a final contested hearing could cost you the ability to appeal or win an appeal if the court makes an error in its factual findings or an error which is not apparent on the face of the judgment itself.

In O’Conner v. O’Conner, the Second District Court of Appeals for the State of Florida ruled that in the absence of a trial transcript the factual findings of a trial court are presumed to be correct and the appellate court can only fix errors in a final judgment of divorce that are apparent on the face of the judgment itself.  While court reporters and transcripts can seem expensive they are a necessary expense if you want to be able to appeal a divorce judgment based upon the factual findings of the court.

If you want to talk to one of our attorneys or lawyers to set up a consultation about a divorce or the appeal of a final judgment in a divorce case please call us on (786)539-4935.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.