Malvin Garnett v. Priscille Duvalsaint
3D2023-1501
| Fla. Dist. Ct. App. | Sep 30, 2024Background
- Malvin Garnett (Father) appealed a trial court’s denial of his motion to vacate an order requiring him to pay retroactive and ongoing child support to Priscille Duvalsaint (Mother).
- The child support amount was $366.64 per month, set by a general magistrate after referral of all child support issues.
- Father, appearing pro se, objected to the magistrate’s calculations, particularly the imputation of income and computation of parties’ net income.
- The trial court found the magistrate’s order was supported by competent, substantial evidence and denied Father’s motion to vacate, stating he was attempting to relitigate the issues.
- On appeal, Father failed to supply a full record, providing only hearing excerpts and no transcript of the vacate motion hearing.
- The appellate court affirmed the trial court’s order, citing the inadequacy of the appellate record supplied by Father.
Issues
| Issue | Garnett's Argument | Duvalsaint's Argument | Held |
|---|---|---|---|
| Referral to General Magistrate | Improper for trial court to refer all child support issues to magistrate | Referral and proceedings were proper | Affirmed; no abuse of discretion found |
| Calculation of Net Income | Magistrate incorrectly calculated net incomes, especially his | Magistrate correctly calculated both parties' incomes | Affirmed; substantial evidence supported findings |
| Imputation of Income | Improper income imputation to Father | Imputation was justified and supported | Affirmed; competently supported by evidence |
| Adequacy of Record on Appeal | Record sufficient for review | Record inadequate for appellate review | Appeal failed for lack of adequate record |
Key Cases Cited
- Sadeh v. Calenzani, 389 So. 3d 640 (Fla. 3d DCA 2023) (standard for reviewing child support awards is abuse of discretion)
- Apesteguy v. Keglevich, 319 So. 3d 150 (Fla. 3d DCA 2021) (child support award standard of review)
- Freilich v. Freilich, 897 So. 2d 537 (Fla. 5th DCA 2005) (standard for appellate review of income imputation)
- Bank of New York Mellon v. Bontoux, 347 So. 3d 105 (Fla. 3d DCA 2022) (deference to general magistrate’s factual findings)
- Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979) (need for a complete appellate record to obtain relief)