Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007). · Go Syfert
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Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 1 distinct court.
Strongest positive: BRADLEY ENGLE v. MICHELLE K. ENGLE (fladistctapp, 2019-07-03)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (rule) BRADLEY ENGLE v. MICHELLE K. ENGLE (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2019 · confidence medium
See, e.g., Farghali v. Farghali, 187 So. 3d 338, 340 (Fla. 4th DCA 2016) (adopting the rule that a party must first challenge in the trial court the adequacy of the trial court's findings in family law cases), receded from by Fox v. Fox, 262 So. 3d 789 (Fla. 4th DCA 2018); Owens v. Owens, 973 So. 2d 1169, 1170 (Fla. 1st DCA 2007) (holding that appellant's argument that final judgment lacked sufficient findings was not preserved for appellate review because appellant did not raise it "in a motion for rehearing or by other means available in the trial court"); Mathieu v. Mathieu, 877 So. 2d 740,…
discussed Cited as authority (rule) Mary Grace Vinson v. Tommy Junior Vinson
Fla. Dist. Ct. App. · 2019 · confidence medium
Brock v. Brock, 229 So. 3d 425 (Fla. 1st DCA 2017) (Mem.); Byers v. Byers, 149 So. 3d 161 , 161– 62 (Fla. 1st DCA 2014); Furr v. Furr, 57 So. 3d 914, 914 (Fla. 1st DCA 2011) (Mem.); Mize v. Mize, 45 So. 3d 49 , 49 & n.1 (Fla. 1st DCA 2010); Welch, 22 So. 3d at 155–56; Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008); Owens v. Owens, 973 So. 2d 1169, 1169 (Fla. 1st DCA 2007).
discussed Cited as authority (rule) Mary Grace Vinson v. Tommy Junior Vinson
Fla. Dist. Ct. App. · 2018 · confidence medium
Brock v. Brock, 229 So. 3d 425 (Fla. 1st DCA 2017) (Mem.); Byers v. Byers, 149 So. 3d 161 , 161– 62 (Fla. 1st DCA 2014); Furr v. Furr, 57 So. 3d 914, 914 (Fla. 1st DCA 2011) (Mem.); Mize v. Mize, 45 So. 3d 49 , 49 & n.1 (Fla. 1st DCA 2010); Welch, 22 So. 3d at 155–56; Simmons v. Simmons, 979 So. 2d 1063, 1064 (Fla. 1st DCA 2008); Owens v. Owens, 973 So. 2d 1169, 1169 (Fla. 1st DCA 2007).
discussed Cited as authority (rule) Scott A. Brock, Former Husband v. Carolyn Ann Brock, Former Wife
Fla. Dist. Ct. App. · 2017 · confidence medium
Byers v. Byers, 149 So.3d 161, 161-62 (Fla. 1st DCA 2014); Furr v. Furr, 57 So.3d 914, 914 (Fla. 1st DCA 2011) (Mem.); Mize v. Mize, 45 So.3d 49 , 49 & n.1 (Fla. 1st DCA 2010); Welch v. Welch, 22 So.3d 153, 155-56 (Fla. 1st DCA 2009); Simmons v. Simmons, 979 So.2d 1063, 1064 (Fla. 1st DCA 2008); Owens v. Owens, 973 So.2d 1169, 1169 (Fla. 1st DCA 2007).
discussed Cited as authority (rule) Mitri Freiha, Former Husband v. Roula Freiha, Former Wife
Fla. Dist. Ct. App. · 2016 · confidence medium
A motion for .rehearing must be filed with the trial court to challenge a final, judgment’s lack of sufficient findings of fact to allow meaningful appellate review, Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007); and, here, the former husband filed no motion for rehearing to challenge the lack of a timesharing schedule. ■ Issues that are- not preserved may still be reviewed for fundamental error. “ ‘Fundamental error, which can be considered on appeal without objection in the lower court, is error which goes to the foundation of the case or goes to the merits of the cause of…
cited Cited as authority (rule) Larry Gene Williams v. Wanda Elaine Williams
Fla. Dist. Ct. App. · 2014 · confidence medium
See Simmons v. Simmons, 979 So.2d 1063, 1064 (Fla. 1st DCA 2008); Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007).
discussed Cited as authority (rule) GEICO General Insurance Co. v. Williams
Fla. Dist. Ct. App. · 2013 · confidence medium
The First District held that “he has not preserved the point because, although he filed a motion for rehearing, he abandoned it when he filed his notice of appeal before the trial court had ruled on the motion.” Id. (citing Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007)).
discussed Cited as authority (rule) Mize v. Mize
Fla. Dist. Ct. App. · 2010 · confidence medium
See Simmons v. Simmons, 979 So.2d 1063, 1064 (Fla. 1st DCA 2008) (stating “[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"); see also Welch v. Welch, 22 So.3d 153, 155-56 (Fla. 1st DCA 2009); Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007).
discussed Cited as authority (rule) Helling v. Bartok
Fla. Dist. Ct. App. · 2008 · confidence medium
See Simmons v. Simmons, 979 So.2d 1063 (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."); Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007) (holding party's failure to challenge adequacy of factual findings in the trial court rendered issue unpreserved for appellate review); Broadfoot v. Broadfoot, 791 So.2d 584, 585 (Fla. 3d DCA 2001) ("The time to request findings is when the case is pending in the tri…
cited Cited "see" Global Lab Partners, LLC, James W. Dillard, Sr., Alexander Cover, Christie Cover, Mark L'Hommedieu and John D. Levitan, Sr. v. Patroni Enterprises, LLC, a Florida limited liability company, and Kathleen Van Alstine
Fla. Dist. Ct. App. · 2021 · signal: see · confidence high
See Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007); Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321 (Fla. 1st DCA 2011). 3 Analysis We have jurisdiction.
discussed Cited "see" Melissa Jean Thomas v. Henrithson Joseph
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007) (affirming where appellate challenge to adequacy of trial court’s findings in final judgment not preserved by motion for rehearing below).
discussed Cited "see" Stephen Miron v. Amy Richardson
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Owens v. Owens, 973 So. 2d 1169, 1169 (Fla. 1st DCA 2007) (holding that a claim that a “final judgment lacks sufficient findings of fact” must be brought to the attention of a trial court by proper motion for the claim to be preserved for appellate review).
cited Cited "see" Glenn Charles Dorsey, II, Former Husband v. Paula Rae Dorsey, Former Wife
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007). 2 Equitable Distribution.
cited Cited "see" Jonathan Austin Burkett v. Maria Chona Kalaw Kaibigan Burkett, etc.
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007); See Furr v. Furr, 57 So.3d 914, 914 (Fla. 1st DCA 2011).
cited Cited "see" James v. James
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Owens v. Owens, 973 So.2d 1169,1170 (Fla. 1st DCA 2007).
cited Cited "see" Willie James, Husband v. Patricia James, Wife
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Owens v. Owens, 973 So. 2d 1169, 1170 (Fla. 1st DCA 2007).
discussed Cited "see" Michael Carman Byers v. Brantley Dubose Byers
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007) (former wife failed to preserve claim that final judgment lacked sufficient factual findings where she failed to seek rehearing or bring error to trial court's attention); see also Mize v. Mize, 45 So.3d 49 (Fla. 1st DCA 2010) (adequacy of factual findings unpreserved where former husband failed to challenge their sufficiency by a motion for rehearing or other post-judgment pleading).
discussed Cited "see" Jonsson v. Dickinson
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Owens v. Owens, 973 So.2d 1169, 1170 (Fla. 1st DCA 2007) (treating a complaint that the trial court failed to make adequate findings of fact as unpreserved because it was not *1017 raised by a motion for rehearing); Fla. R.App.
cited Cited "see" Simmons v. Simmons
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See, *1065 e.g., Owens v. Owens, 973 So.2d 1169 (Fla. 1st DCA 2007).
discussed Cited "see, e.g." TIMOTHY RICHARD FOX v. PAMELA SUE FOX
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence low
See Farghali, 187 So. 3d at 339 (“[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 (quoting Simmons, 979 So. 2d at 1064 )); see also Owens v. Owens, 973 So. 2d 1169 (Fla. 1st DCA 2007)).
Cynthia Lee Baxley OWENS, Appellant,
v.
John Stanley OWENS, Appellee.
1D06-5676.
District Court of Appeal of Florida, First District.
Aug 31, 2007.
973 So. 2d 1169
Wolf.
Cited by 29 opinions  |  Published

Scott A. Snavely of Scott A. Snavely, P.A., Tallahassee, for Appellant.

Russell S. Roberts of Roberts, Roberts & Roberts, Marianna, for Appellee.

WOLF, J.

The former wife, appellant, challenges a final judgment of dissolution of marriage.[*1170] Appellant raises five issues on appeal; we affirm as to all issues, but briefly discuss one.

Appellant asserts that the final judgment lacks sufficient findings of fact to allow meaningful appellate review. Appellant, however, never challenged the adequacy of the findings in a motion for rehearing or by any other means available in the trial court. We, therefore, determine that this issue was not properly preserved for appellate review. See Mathieu v. Mathieu, 877 So.2d 740 (Fla. 5th DCA 2004), review denied, 909 So.2d 862 (Fla. 2005) (treating lack of adequate findings as unpreserved error unless previously brought to the trial court's attention); see also Broadfoot v. Broadfoot, 791 So.2d 584 (Fla. 3d DCA 2001) (holding a party cannot appeal inadequate findings in a dissolution case unless the alleged defect was brought to the trial court's attention in a motion for rehearing).

ALLEN and PADOVANO, JJ., concur.