Migliori v. Migliori
Migliori v. Migliori
Opinion of the Court
In 2007, Todd J. Migliori [“Husband”] filed a motion for modification of child custody in the jurisdiction where the dissolution was entered. Deborah M. Mi-
According to Husband, at the hearing he opposed a transfer based on convenience by relying on several affidavits already contained in the court file. He had filed these affidavits in 2003 in response to a convenience venue change motion filed by Wife in an earlier post-dissolution proceeding. He asserts that there was no live testimony at the hearing and he asks us to weigh his 2003 affidavits against the Wife’s 2007 affidavit to find that the trial court abused its discretion in ordering the transfer based on convenience. However, given the issues on appeal and the lack of a transcript, we have no basis to reverse the decision of the trial judge. See, e.g., J P Morgan Chase Bank v. Combee, 883 So.2d 330, 331 (Fla. 1st DCA 2004) (“[A] trial court’s findings and judgment come to a reviewing court with a presumption of correctness, and cannot be disturbed absent a record demonstrating reversible error”).
AFFIRMED.
. Under Section 61.13(2)(c), Florida Statutes (2007), venue was clearly proper in Orange County, the venue where the original custody order was entered. Venue was also proper in Bay County, where the Wife and children resided at the time. Id. Because venue was proper in more than one county, Husband had a right to seek relief in any proper venue. Id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.