Jennifer Marie Cappiello v. Robert Manuel Martins, Sr.
CourtDistrict Court of Appeal of Florida
Date FiledAugust 12, 2026
Docket3D2025-1658
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 12, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-1658
Lower Tribunal No. 16-638-FC-04
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Jennifer Marie Cappiello,
Appellant,
vs.
Robert Manuel Martins, Sr.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Gina
Beovides, Judge.
Jennifer Marie Cappiello, in proper person.
Hasbun & Mendoza, P.L.L.C., and Maribel Mendoza and Michelle G.
Hasbun, for appellee.
Before LINDSEY, GORDO and GOODEN, JJ.
PER CURIAM.
Appellant Jennifer Marie Cappiello appeals the final judgment
awarding Appellee Robert Manuel Martins, Sr. majority time-sharing, sole
parental responsibility, and downward modification of child support, as well
as the denial of her supplemental petition on time-sharing and child support
and petition for relocation to Naples, Florida. While Cappiello makes
numerous arguments attacking the final judgment, she has not demonstrated
reversible error. Therefore, we are constrained to affirm. See Applegate v.
Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (โIn
appellate proceedings the decision of a trial court has the presumption of
correctness and the burden is on the appellant to demonstrate error.โ);
Gordon v. Burke, 429 So. 2d 36, 37 (Fla. 2d DCA 1983) (โThe appellant has
the duty to demonstrate reversible error in the order or judgment appealed
based on the record and the law applicable thereto. If the appellant fails to
do so, the appellate court has no alternative but to enter an order of
affirmance.โ); see also Fla. R. App. P. 9.200(b)(5) (โThereafter, the statement
and any objections or proposed amendments must be filed with the lower
tribunal for settlement and approval.โ); Cheon v. Martin, 422 So. 3d 584, 585
(Fla. 1st DCA 2025); Waites v. Middleton, 302 So. 3d 1082, 1083 (Fla. 1st
DCA 2020).
Affirmed.
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