Larocka v. Larocka, 43 So. 3d 911 (Fla. 5th DCA 2010). · Go Syfert
Larocka v. Larocka, 43 So. 3d 911 (Fla. 5th DCA 2010). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 4 distinct courts.
Strongest positive: Elaine Favela v. Neil Ramtahal (fladistctapp, 2025-02-07)
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Elaine Favela v. Neil Ramtahal
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
despite the lack of a transcript and an adequate record, when the error appears on the face of the judgment, it should be corrected.
discussed Cited as authority (verbatim quote) MARCUS BROWN vs MARY NORWOOD
Fla. Dist. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
despite the lack of a transcript and an adequate record, when the error appears on the face of the judgment, it should be corrected.
discussed Cited as authority (rule) Nadia Kiswani v. Saleem Hafza
Fla. Dist. Ct. App. · 2025 · confidence medium
In Larocka v. Larocka, 43 So. 3d 911, 912 (Fla. 5th DCA 2010), the lower court decided “that contact and visitation between Mother and her daughter will be established by a counselor.” This Court agreed with the mother’s argument that the trial court improperly delegated its statutory authority to establish visitation to a third party.
discussed Cited as authority (rule) A. A. v. D. W.
Fla. Dist. Ct. App. · 2021 · confidence medium
"Despite an inadequate record, 'when the error appears on the face of the judgment, it should be corrected.' " Bell v. Broch, 230 So. 3d 1252, 1254 (Fla. 4th DCA 2017) (quoting Larocka v. Larocka, 43 So. 3d 911, 913 (Fla. 5th DCA 2010)).
discussed Cited as authority (rule) JEFFREY L. LIGHTSEY v. ANGELICA M. DAVIS
Fla. Dist. Ct. App. · 2019 · confidence medium
Larocka v. Larocka, 43 So. 3d 911, 912-13 (Fla. 5th DCA 2010) (finding error on face of the judgment, where the trial court delegated its duty to establish contact and visitation between the mother and the child to a counselor; recognizing that trial courts may not delegate such authority to third parties). “[I]t is the trial court’s responsibility to ensure that an appropriate relationship is maintained between a parent and his or her children, and that responsibility ‘cannot be abdicated to any parent or expert.’” Grigsby v. Grigsby, 39 So. 3d 453, 457 (Fla. 2d DCA 2010) (quoting M…
cited Cited as authority (rule) LISA BELL v. ZACHARY BROCH
Fla. Dist. Ct. App. · 2017 · confidence medium
Despite an inadequate record, “when the error appears on the face of the judgment, it should be corrected.” Larocka v. Larocka, 43 So.3d 911, 913 (Fla. 5th DCA 2010).
cited Cited as authority (rule) LISA BELL v. ZACHARY BROCH
Fla. Dist. Ct. App. · 2017 · confidence medium
Despite an inadequate record, “when the error appears on the face of the judgment, it should be corrected.” Larocka v. Larocka, 43 So. 3d 911, 913 (Fla. 5th DCA 2010).
discussed Cited as authority (rule) Chris Beckstrom v. Julie Beckstrom
Fla. Dist. Ct. App. · 2015 · confidence medium
Affirmed in part, Reversed in part, and Remanded, DAMOORGIAN, C.J., and TAYLOR J., concur. 1 . ‘‘[C]ourts have consistently held that despite the lack of a transcript and an adequate record, when the error appears on the face of the judgment, it should be corrected.” Larocka v, Larocka, 43 So.3d 911, 913 (Fla. 5th DCA 2010) (citation omitted).
discussed Cited as authority (rule) Dugan v. Dugan
Fla. Dist. Ct. App. · 2015 · confidence medium
The final judgment included a substantially lower monthly alimony payment from Former Husband than the amount requested by Former Wife. “[D]espite the lack of a transcript and an adequate record, when the error appears on the face of the judgment, it should be corrected.” Larocka v. Larocka, 43 So.3d 911, 913 (Fla.'5th DCA 2010) (citations omitted).
discussed Cited as authority (rule) In re the Marriage of Stephens
Iowa Ct. App. · 2012 · confidence medium
That judicial function may not be delegated to a third party.” (internal citations omitted)); In re Marriage of Matthews, 101 Cal.App.3d 811 , 161 Cal.Rptr. 879, 882 (1980) (holding as invalid the provision in the court order authorizing a third party to alter the visitation scheduled in any way she deemed reasonable and necessary); Larocka v. Larocka, 43 So.3d 911, 912-13 (Fla.Dist.Ct.App.2010) (holding it is the responsibility of the court to establish the visitation schedule between the mother and child and may not delegate that responsibility to a counselor); In re Paternity of A.R.R., 6…
cited Cited "see" Jordan Keck v. Matthew Fortier
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See Larocka v. Larocka, 43 So. 3d 911 , 912–13 (Fla. 5th DCA 2010).
cited Cited "see" WILLIAM S. DUNSON, III vs JESSICA DUNSON
Fla. Dist. Ct. App. · 2023 · signal: see · confidence high
See Larocka v. Larocka, 43 So. 3d 911, 913 (Fla. 5th DCA 2010). 4 to Mother’s evidence.
discussed Cited "see" Hunter v. Hunter
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Larocka v. Larocka, 43 So.3d 911, 912-13 (Fla. 5th DCA 2010) (reversing an order although no transcript of the trial proceedings was in the record because the error appeared on the face of the judgment or the record).
discussed Cited "see, e.g." In the Matter of Matthew Kamil and Robin Kamil
N.H. · 2020 · signal: see also · confidence medium
Ct. App. 2004); see also Larocka v. Larocka, 43 So. 3d 911, 912 (Fla. Dist.
discussed Cited "see, e.g." Engel v. Engel
Vt. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Larocka v. Larocka, 43 So. 3d 911, 912-13 (Fla. Dist.
Retrieving the full opinion text from the archive…
Kristin LAROCKA, Appellant,
v.
John LAROCKA, Appellee
5D09-1117.
District Court of Appeal of Florida, Fifth District.
Sep 10, 2010.
43 So. 3d 911
2010 Fla. App. LEXIS 13421
2010 WL 3515560
Sharon Lee Stedman, Orlando, for Appellant., John Larocka, Celebration, pro se.
Sawaya, Monaco, Lawson.
Cited by 15 opinions  |  Published
SAWAYA, J.

Kristin Larocka (hereinafter Mother) appeals a final judgment of dissolution of marriage, claiming that the trial court erred in: 1) delegating its authority to a third party to establish visitation of the minor child with Mother; and 2) failing to set forth a contact schedule for Mother and the minor child in the final judgment. We agree.

In the dissolution proceedings, John Larocka (hereinafter Father) and Mother originally had counsel, but terminated their employment and attended the final hearing pro se. There were two children born of their marriage — a son who is currently eighteen years or older and a daughter under the age of eighteen. The final judgment specifically provides that Father is to be the primary residential parent of the daughter and that Mother have open and reasonable contact as set forth in the judgment. However, the final judgment provides that contact and visitation between Mother and her daughter will be established by a counselor.

Mother argues that the trial court may not delegate its statutory authority to determine visitation to third parties. The courts have consistently agreed with this principle. See Lovell v. Lovell, 14 So.3d 1111, 1114 (Fla. 5th DCA 2009) (“[Reversal is required because the trial court cannot delegate its authority to another person to rule on the visitation details. There is no legal basis for allowing the children’s therapist to make the final call on when the new wife can be allowed to be in the presence of the children. This determination is solely within the province of a court of law.”); Shugar v. Shugar, 924 So.2d 941, 942 (Fla. 1st DCA 2006) (“Courts may not delegate their statutory authority to determine visitation to [guardians ad li-tem], attorneys, or experts.” (citing McAlister v. Shaver, 633 So.2d 494 (Fla. 5th DCA 1994); Wattles v. Wattles, 631 So.2d 349 (Fla. 5th DCA 1994); Roski v. Roski, 730 So.2d 413 (Fla. 2d DCA 1999))).

There is no transcript of the trial proceedings and the record before us is rather sparse. The lack of a transcript or an incomplete record would usually hamper this court’s ability to conduct a meaningful and thorough review of the issues[*913] raised by either party and would thus require affirmance. However, that is not the case here, because the error appears on the face of the final judgment under review. The courts have consistently held that despite the lack of a transcript and an adequate record, when the error appears on the face of the judgment, it should be corrected. Silverman v. Silverman, 940 So.2d 615 (Fla. 2d DCA 2006) (“‘[T]he absence of a transcript does not preclude reversal where an error of law is apparent on the face of the judgment.’ ” (quoting Chirino v. Chirino, 710 So.2d 696, 697 (Fla. 2d DCA 1998))); Fugina v. Fugina, 874 So.2d 1268, 1269 (Fla. 5th DCA 2004) (“Because there is no transcript of the hearing in this contempt proceeding, our review is limited to errors of law that are apparent on the face of the record.” (citing Fortune v. Pantin, 851 So.2d 274 (Fla. 5th DCA 2003); Casella v. Casella, 569 So.2d 848, 849 (Fla. 4th DCA 1990))); Kanter v. Kanter, 850 So.2d 682 (Fla. 4th DCA 2003); Ballesteros v. Ballesteros, 819 So.2d 902 (Fla. 4th DCA 2002); Calderon v. Calderon, 730 So.2d 400 (Fla. 5th DCA 1999); see also Sugrim v. Sugrim, 649 So.2d 936, 937 (Fla. 5th DCA 1995) (stating that errors concerning evidentiary sufficiency that appear on the face of a final judgment are reviewable even if no transcript of the trial proceedings exists); Holmes v. Holmes, 578 So.2d 323, 324 (Fla. 4th DCA 1991) (reversing a dissolution judgment, despite the absence of a transcript and a meager record, because the judgment was “fundamentally erroneous on its face”).

Mother alleges in her brief that she has not visited with her daughter in more than eight months. “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” § 61.13(2)(c)l., Fla. Stat. (2007). It is the responsibility of the trial court to make that assurance by establishing a contact and visitation schedule between Mother and her daughter. We reverse the part of the final judgment that delegates that responsibility to a counselor and remand this case to the trial court so it can comply with its judicial responsibility.

REVERSED and REMANDED.

MONACO, C.J. and LAWSON, J., concur.