Adam S. Rushetsky v.Valerie J. Rushetsky

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 ADAM S. RUSHETSKY, Appellant, v. VALERIE J. RUSHETSKY, Appellee. No. 4D10-2167 [November 23, 2011] PER CURIAM. The husband appeals a final judgment of dissolution of marriage. The failure to provide a transcript or proper substitute requires affirmance except where there is clear error on the face of the judgment. Matteis v. Matteis, 36 Fla. L. Weekly D2029 (Fla. 4 t h DCA Sept. 14, 2011); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). The wife concedes error in the $24 a month credit for noncovered medical expenses, as the child support guidelines worksheet also requires the husband to be 41% responsible for any noncovered medical expenses. As such, we reverse and remand for recalculation of child support without this credit. As to the other issues, we find no clear error on the face of the judgment and thus affirm. Affirmed in part, reversed in part, and remanded with instructions. TAYLOR, HAZOURI and LEVINE, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan F. Greenhawt, Judge; L.T. Case No. 09-10064 (37). Keith A. Fousek of Law Office of Keith A. Fousek, P.A., North Lauderdale, for appellant. William L. Gardiner III of Conrad & Scherer, LLP, Fort Lauderdale, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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