Topic: Bring up lack of findings in a Motion for Rehearing. Otherwise, the lack of findings is not preserved for appeal!
Part of opinion: (“[W]here an error by the court appears for the first time on the face of a final order, a party must alert the court of the error via a motion for rehearing or some other appropriate motion in order to preserve it for appeal.”); Mize v. Mize, 45 So. 3d 49, 49 (Fla. 1st DCA 2010) (“[B]ecause the Husband failed to challenge the insufficiency of the fact findings through a motion for rehearing or by any other post-judgment pleading, he has failed to preserve these issues for appellate review.”); Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008) (“[A] party is not entitled to complain that a judgment in a marital and family law case fails to contain sufficient findings unless that party raised the omission before the trial court in a motion for rehearing.”).
Case: Jeremy Ray Spaulding v. Sara Marie Spaulding
Opinion filed August 23, 2021
1at DCA
Case No. 1D20-168
Comment: Conflict with 4th DCA on this issue
Link to full opinion: https://www.1dca.org/content/download/779382/opinion/200168_DC05_08232021_132527_i.pdf