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You’re holding a final judgment peppered with errors. Maybe the court awarded certain relief without making statutorily required findings. Or some of the findings aren’t supported by the evidence and trial testimony. Perhaps the order adopted a magistrate’s report that misconceived the legal effect of the evidence. The case is ripe for appeal.
Or it should be. If only someone had paid a court reporter to attend the final hearing! But there’s no transcript; so much for your array of promising arguments.
Except you still may have an arsenal of challenges. Before you start drafting a motion for rehearing or try to construct a Rule 9.200(b)(4) statement of the proceedings, consider the kinds of issues that an appellate court may address despite the lack of a transcript.
This article outlines various circumstances in which courts have reversed judgments at least in part despite failures to supply transcripts. It’s not deep or exhaustive, and it’s not an endorsement for leaving your favorite court reporter at home for your final hearing. But it highlights some of the factors and patterns to look for when considering an appeal with an incomplete record.
The appellate court presumes the trial court’s decision was correct.
The appellant bears the burden of proving the trial court erred.
Even if the trial court’s reasoning is wrong, its decision will usually be affirmed if the evidence or another theory supports it.
Without a transcript, an appellate court can’t tell if (1) the trial court’s resolution of the facts was incorrect, (2) its decision is supported by the evidence or an alternative theory, or (3) the trial court so misconceived a principle of law that reversal is required.
Applegate analysis turns primarily on whether the untranscribed hearing was an evidentiary one in which the court resolved contested facts. If a hearing is non-evidentiary and turns only on legal argument, then the lack of a transcript won’t necessarily hamstring appellate review.
Of course, virtually every significant hearing in a family law case is at least partly evidentiary. But you’re not necessarily out of luck. When you peruse the final judgment, look for errors on the face of the judgment or misconceptions of controlling principles of law like those below.
It is hard to challenge the equitable distribution in a final judgment without a transcript. The incomplete record frustrates an appellate court’s ability to determine whether there was a sufficient factual basis for the distribution. What’s more, no transcript means that the appellant often can’t establish that any error that occurred was harmful or caused a miscarriage of justice.
That said, case law reveals several avenues of attack that have convinced appellate courts that error occurred on the face of the judgment. Here are some questions to ask.
Did the judgment fail to identify or distribute certain assets?
The failure to make specific findings of fact identifying the parties’ marital and nonmarital assets pursuant to Section 61.075(3) may constitute error on the face of the judgment. So may an order that identifies the assets, but fails to direct the disposition of some of them. Finally, a judgment declining to value or distribute certain assets until several years after dissolution may justify reversal.
Did the judgment fail to value all, or certain, assets?
Such an argument faces worse odds on appeal. Where an asset is distributed equally but not valued, the court may conclude that the lack of a transcript precludes review. It may affirm even where the judgment fails to value indisputably significant assets, because the incomplete record could make it impossible for the appellant to establish that any error was harmful.
But some cases support reversal even without a transcript for failure to make findings regarding the values of marital assets. For instance, if none of the marital assets are valued at all, the appellate court may remand for findings regarding their values. So too if there are no specific findings regarding marital assets or liabilities, though a court remanding for necessary findings may affirm, based on the lack of a transcript, findings that certain assets were marital. Your odds of a successful challenge improve if the record shows that, despite the failure to make findings on value, there was considerable evidence regarding value presented.
Did the judgment order an unequal distribution?
This is a more promising basis for appeal. Notwithstanding the difficulties in attacking an equitable distribution award without a transcript, appellate courts often reverse where there has been a substantially unequal distribution unsupported by findings to justify it, especially where the obligations resulting from the judgment leave one spouse with practically no resources to support himself. Additionally, if the final judgment shows the court intended an equal distribution, but contains an error causing an unequal distribution, then the appellate court may remand for correction.
Is exclusive use and possession of an asset an issue?
The treatment of exclusive use where there is no transcript is somewhat inconsistent. Courts reversing such awards have held, for example, that an award of exclusive use and possession of the marital home—which does not contain within the judgment the reasons or time period for the award—can require remand. Similarly, the court may reverse an award of exclusive possession until the spouse’s death or remarriage if the record does not reflect a special purpose justifying the award – even if the trial court made such an award as permanent alimony.
But another court held that, where the final judgment awards exclusive possession, the court would not hold that the award is precluded because, among other reasons, “without having a transcript of the trial proceedings, it cannot be determined whether the issue was in fact tried with the express or implied consent of the parties.” The lack of a transcript similarly required affirming where an order required the former wife and parties’ child to move out of the marital home, even though the appellate court expressed confusion about why the trial court reached that conclusion. Conversely, another court later considered a similar provision—one that would require the wife and child to vacate the home on the child’s 17th birthday—and wrote at length why such a provision required remand and further testimony despite the lack of a transcript.
In short, it’s challenging to successfully appeal an award of exclusive use and possession without a transcript, but it has been and can be done.
Are there any unanswered questions arising from the equitable distribution?
There are several other reasons why a court may remand an equitable distribution award.
Are there arithmetical errors in the judgment? Double-counting assets may justify reversal.
Does the judgment purport to reallocate property rights settled in a previous final judgment or mediated agreement? In a modification proceeding, the trial court may not redetermine and restructure property rights previously settled through equitable distribution in the underlying final judgment. An order impermissibly modifying a mediated settlement agreement may justify reversal. So too if the parties agreed to a temporary property/asset settlement agreement in which they agreed a property would be sold and the proceeds split, but the trial court for unknown reasons awarded one party exclusive use and possession.
Does the judgment grant relief neither party pled for? A court may reverse a judgment ordering the partition and sale of the marital home if neither party requested that relief. Some courts conclude, even absent a transcript, that an appellant is denied due process where no pleading raised the issue that the court adjudicated. On the other hand, a court may decline to reject a challenge on that basis because, among other reasons, “without having a transcript of the trial proceedings, it cannot be determined whether the issue was in fact tried with the express or implied consent of the parties.” A similar argument can be made that the lack of a transcript should preclude reversal if the court cannot determine whether an issue was preserved.
Are there critical unanswered questions in the final judgment? A judgment providing that the parties will cooperate to sell the marital home and split the proceeds may remand for clarification if there are unanswered questions such as (a) who will pay for homeowners’ association fees, the mortgage, insurance, and taxes, or (b) what happens if the home doesn’t sell.
Does the equitable distribution create the possibility for post-judgment confusion? For example, where a judgment divvies up one spouse’s retirement pay—which is subject to an annual cost-of-living adjustment—the court may reverse where the judgment uses specific dollar amounts that could cause confusion about how annual increases will be calculated in the future.
Challenging the failure to make requisite findings as to equitable distribution is grueling without a transcript. But it’s worth the effort if you have colorable grounds: reversal on equitable distribution may justify reexamination of all other financial aspects of a financial judgment.
The majority of recent opinions describing successful appeals without transcripts deal with child support and, to a much lesser extent, alimony awards. Child support is a right belonging to the child, cannot be waived, and is governed by fairly clear statutory guidelines. For these reasons, courts appear less reluctant to find error on the face of the judgment concerning child support.
Does the combined award leave the obligor with virtually nothing?
Awards that take most of the obligor’s net income can require reversal even without a transcript. The central question in such cases is whether the alimony and child support awards leave the obligor without the means to support himself. But even if you think the answer is yes, you don’t necessarily have a win. If the judgment reflects that the court believed a party was earning more than the income imputed to him “and based the financial award on that belief,” then the appellate court may hold that the lack of a transcript bars review.
Are there problems with the child support income calculations?
A final judgment that doesn’t make findings as to the parties’ net incomes as a starting point to calculate child support, or explain how the calculation was performed, can justify reversal without a transcript. If you’re challenging a judgment for this reason, remember to explain why the failure to make necessary findings harmed your client.
Similarly, if the trial court fails to account for its alimony award or its allocation of retirement benefits when computing the parties’ incomes for child support, then you have another promising argument. Scrutinize any unusual method of determining income. For instance, if a court simply takes the value of the parties’ assets and divides them by the years of marriage to arrive at an annual “income” for the breadwinning spouse, then—no surprise—the appellate court will reverse without a transcript.
Look for impermissible deductions from a party’s income. For example, though court-ordered child support for other children that is actually paid is an allowable deduction from gross income when calculating child support, the court may reverse if the worksheets show that the magistrate or court deducted support paid for children who weren’t subject to a prior support action.
Nevertheless, the lack of a transcript can still hurt your appeal of the income determination. If the judgment and record reflect that the trial court relied on appellee’s representation of appellant’s income, then the lack of transcript can be cited as a basis to affirm. A missing transcript may present the same problem in an imputed income case. The failure to make specific findings of fact regarding the amount and source of imputed income won’t necessarily justify reversal if the judgment indicates that imputation was based on record evidence and trial testimony.
Even so, income calculations demand a close look. This article already mentioned that, even if the incomplete record initially hamstrings review, a reversal on equitable distribution can lead to reconsideration of the alimony and child support awards. So too for reversals of income findings or calculations: the trial court may often revisit its alimony and child support awards after correctly recalculating income.
Are other child support expenses miscalculated or ignored?
(1) Fail to address health care coverage, child care costs, or noncovered medical, dental, and prescription medication costs?
(2) Ignore travel expenses associated with visitation?
(3) Provide for child care costs to be split evenly rather than being reduced and added to the basic obligation under Section 61.30(7)?
(4) Split evenly noncovered medical, dental, and prescription medication costs when appropriate factual findings would’ve resulted in an unequal percentage share of child support?
(5) Misallocate health insurance expenses or credit for uncovered medical expenses?
Recent opinions have reversed child support awards despite incomplete records where such errors appeared on the face of the judgment.
Does the child support award reflect other miscalculations or discrepancies?
In similar fashion, courts have reversed where other inconsistencies or miscalculations appear in the judgment. One example is where there are conflicting amounts of child support due in different paragraphs of the final judgment. Another is where an order specifically finds that overpayment of support has occurred, but fails to appropriately credit against arrearages the correct amount of overpayment. Likewise if the parenting plan and child support guidelines attached to the final judgment contain conflicting numbers for the parties’ overnights, but the discrepancy is not explained in the final judgment. And if a trial court orders makeup visitation, reversal may be necessary where the judgment fails to adjust the child support obligation for the months in which the makeup visitation is to occur.
Similar errors can creep into a judgment after rehearing. For instance, where a court grants rehearing for the purpose of recalculating child support payments based on an apparent miscalculation of a party’s gross income, but the record does not show that the child support was recalculated to comport with an amended schedule that the court directed to be submitted, then the appellate court may remand for the court to address that issue.
Does the child support award deviate from the presumptive guideline amount?
On the other hand, the incomplete record may cripple the odds of overturning the trial court’s decision not to deviate upward from a guidelines support award.
Are you challenging the ruling on retroactivity?
The lack of a transcript can be similarly fatal to challenges of retroactivity rulings. If a party doesn’t request support retroactive to the date of filing in his petition or motion for rehearing, and there’s no transcript of the final hearing, the appellate court may hold there’s insufficient record support to conclude the parent established need and ability to pay retroactive support.
Does the order require the provision of insurance without necessary findings?
Some cases have held that, despite the lack of transcripts, it is error to (1) order a spouse to provide for the other spouse’s and children’s health insurance absent a finding that such health insurance is reasonably available, or (2) require life insurance where there are no findings of availability and reasonable cost. Note that there is some tension between such rulings and the principle that, given the lack of a transcript, it’s possible that the court heard evidence and made the required findings during the final hearing. Appellee in such a case should argue that, given the incomplete record, appellant can’t establish harmful error or a miscarriage of justice.
Does the support award contain any particularly unusual requirements?
Look for particularly onerous or uncommon requirements that are ordered as part of the support award. One example: a judgment ordering the designation of a child as a beneficiary in a parent’s will and providing that child support shall be an obligation of the estate—and therefore won’t cease with the obligor’s death—will justify reversal.
Is there a plausible explanation for how the trial court reached its decision?
You likely can’t prove error on the face of the judgment if there’s a plausible explanation for the trial court’s conclusion at the hearing. For instance, the Fourth District affirmed a recalculation of child support where the magistrate had calculated a certain figure after disregarding the former husband’s claim he would no longer enjoy overtime, but the trial court used a lower income calculation that assumed no overtime. Because the trial court could have found that the magistrate misconceived the effect of former husband’s testimony—that overtime would rarely occur in the future—it could have relied properly on a lower amount assuming no overtime.
Note the tension, however, between that result and a different one from the Second District in a paternity case. There, the DCA concluded that—given the statement of the evidence and the mother’s failure to argue that evidence presented at the hearing supported the court’s conclusion—there was no competent, substantial evidence for the finding of the father’s income. This focus on the mother’s failure to argue about evidence at the hearing is noteworthy. That, and similar language in other cases highlighting appellees’ failures to argue that evidence at hearing supported the judgments, implies an appellee may need to address evidence at the hearing – despite the admonition against referring to matters outside the record.
Attacking a decision on alimony is much more difficult without a transcript. Here, trial courts enjoy considerable discretion, and appellate courts are understandably reluctant to conclude that discretion was abused without a transcript.
Unlike the child support discussion above, an argument that the court failed to make required findings to support an alimony award is more likely to end with the appellate court concluding that your failure to provide a transcript makes it impossible to show harmful error. And forget challenging the award if the judgment reflects consideration of most Section 61.08 factors.
Since the First District’s 2001 decision in Klette and Second District’s 2007 decision in Esaw, courts are increasingly inclined to affirm alimony awards on the basis that no transcript means it’s impossible to examine whether an alimony error was harmless. This is so even where the final judgment fails to address alimony at all. Even where alimony was requested, the court may hold the lack of transcript bars review because it can’t tell if the party presented evidence regarding alimony at the final hearing.
Does the order’s alimony discussion show the court applied the wrong legal standard?
Several pre-Klette cases reversed alimony rulings despite the lack of transcripts on the basis of technical errors. One concluded it was error to order rehabilitative alimony where there was no rehabilitative plan presented and the judgment on its face ordered rehabilitative alimony for non-rehabilitative purposes. It also held it was erroneous to award permanent alimony without providing that such alimony terminates on the obligee’s death or remarriage. Another opinion reversed a lump sum alimony award where there were no findings of fact that showed unusual circumstances that would make the award reasonable. And a third overturned a provision establishing an automatic alimony increase after child support ended where the judgment lacked findings to show extenuating circumstances justifying an automatic increase.
A trial court’s decision to put off a decision on permanent periodic alimony may also invite reversal. If the court finds that a spouse is entitled to permanent alimony that the other spouse cannot pay at the time, but it reserves jurisdiction for only two years to set alimony rather than awarding nominal alimony, the appellate court may reverse.
Of course, the court won’t necessarily agree with you that the trial court applied the incorrect legal standard. In one case, a court held that the former wife failed to provide enough evidence that she could not work and imputed $1000 monthly income for purposes of calculating need for alimony. She argued on appeal that the judgment improperly shifted the burden because the former husband bore the burden to prove that she was voluntarily underemployed. The Second District disagreed: the judgment reflected the conclusion that the former wife hadn’t adequately presented evidence of need. Without a transcript, it wouldn’t conclude that error occurred.
Do the judgment’s factual findings or the record otherwise support your challenge?
For the best chance to prevail without a transcript on an alimony issue, scrutinize the judgment’s factual findings and the facts within the record. They may offer the best grounds to convince the appellate court that a judgment is erroneous on its face.
Take the Fourth District’s Wofford opinion. There, despite (1) the lack of a transcript, (2) the fact that the marriage was of moderate duration, and (3) the wide discretion afforded a trial court on alimony determinations, the appellate court held that it was error on the face of the judgment to award only bridge-the-gap alimony and deny permanent periodic alimony. On remand, the trial court was instructed to award either permanent or rehabilitative alimony.
Or consider the Second District’s decision in Boone. There, the court reversed an order denying modification of alimony to a nominal amount where (1) the judgment failed to contain specific findings regarding one spouse’s ability to pay and the other spouse’s need, and (2) the financial affidavits showed the obligor lacked ability to pay and the obligee didn’t need alimony.
Florida’s public policy emphasizing the importance of frequent, continuing contact between a parent and her children makes it somewhat more likely that an appeal challenging a provision contrary to that policy can succeed without a transcript.
Provisions that strike you as extraordinary may offer grounds for reversal. Absent extreme circumstances, a court will likely overturn a provision that (1) holds a parent waives visitation if he’s 20 minutes late to pick up his child, (2) denies overnight visitation unless there’s a spare bedroom for the child, or (3) denies special visitation on the holidays. Similarly, an order suspending visitation, absent a substantial change of circumstances and a finding that the child’s welfare would be promoted by suspension, invites reversal.
The court may not delegate to a third party its responsibility to determine and establish custody and visitation in accordance with the children’s best interests. Nor may it essentially grant to a party the right to seek modification in the future without a judicial finding of a substantial change. Accordingly, an appellate court may reverse a provision holding that a parent need not establish a substantial change to seek modification of visitation in the future, or a provision purporting to grant one party the right to seek modification of child support at her discretion.
An order changing primary residential custody, though neither parent requested a change, may justify reversal despite a lack of transcript. Courts have also reversed orders modifying timesharing where the trial court did not found, and factual findings did not support, a substantial change of circumstances, especially where the other parent did not allege a change.
Again, what you and the appellate court believe to be legal error may differ. One common example? Best interest findings concerning majority timesharing. If the court finds that the children’s best interests are served by one parent’s majority timesharing, specific written findings are unnecessary, and the missing transcript can derail a challenge to the ruling’s evidentiary basis. In another modification case, the lack of transcript was similarly fatal; the court couldn’t determine if the trial court made any best interest findings during the trial.
The failure to provide a transcript may not prevent the appellate court from remanding, however, to address conflicting provisions in a judgment or an overlooked key issue regarding parental responsibility. For example, if a final judgment and statement of evidence conflict about the amount of a parent’s makeup visitation, the court may reverse for the trial court to correct the final judgment to conform with its statement of evidence. Additionally, where one parent sought sole parental responsibility, and the final judgment does not address the issue of sole or shared parental responsibility, the court may remand for clarification.
If the final judgment fails to include findings to justify a fee award, then the appellate court may remand for the necessary findings. It could go even further if the factual findings undermine the ruling on attorneys’ fees; thus, if the findings clearly show one party’s need and the other party’s ability to pay, the court may reverse the denial of fees to the party in need.
Oddly enough, an appellant can be worse off if the judgment does not address attorneys’ fees at all. Then the appellate court may hold that the lack of transcript bars review because it can’t determine if the party requested and presented evidence on attorneys’ fees at the final hearing. That changes, though, if the court can determine from the record that no attorney was called at the hearing and the fees affidavit was not submitted until the date of the final judgment – which means appellant had no opportunity to challenge the hours and rate.
If you’re claiming on appeal that the court erred with respect to a party’s income, then you should also seek reversal of any fee award that was based at least in part on the finding of your client’s ability to pay. And reversal on other grounds may justify reconsideration of any rulings on attorneys’ fees once the trial court addresses the issues that merited remand.
If you don’t have a transcript, spend extra time examining your judgment, its factual findings, and the record as it stands to best craft a compelling argument on appeal. Ensure you argue why the error harmed your client. Sure, you’re at a disadvantage. But cases like those above show that appellants can secure reversals notwithstanding an incomplete record.
If you’re the appellee, don’t just cite Applegate and call it a day. Hammer any failure to establish harmful error and a miscarriage of justice. Highlight any preservation issues, which are often exacerbated by the lack of a transcript. And consider offering a plausible explanation for the trial court’s action that, in the absence of the transcript, precludes appellate relief.
Michael M. Giel is an attorney at J. Demere Mason, P.A. in Jacksonville, Florida. He practices exclusively appellate and family law, handling family law appeals throughout Florida and family law trials in northeast Florida. Mike is a graduate of the University of Chicago Law School, former law clerk for Judge Emerson R. Thompson, Jr. of the Fifth District Court of Appeal, and former machinegunner in the United States Marine Corps. He can be reached at mikegiel@jdemeremasonlaw.com. This article, with minor edits, was originally published in the Florida Bar Family Law Section’s Commentator, Vol. XXIX, No. 3, Spring 2016.
 Problems that can arise when attempting to construct a statement of the proceedings abound. The other party will likely object. By the time a final judgment issues, the trial court may not be able to settle and approve a statement. An appellate court may conclude the statement consists largely of conclusory assertions, statements of law, or recitations from the judgment, and therefore sheds little light on the evidence presented below. Have your hearing transcribed; if it’s not, assume the appellate court might disregard any statement of the proceedings you supply.
 Rollet v. de Bizemont, 159 So. 3d 351, 357-58 (Fla. 3d DCA 2015).
 Chestnutt v. Chestnutt, 752 So. 2d 1287, 1288 (Fla. 2d DCA 2000).
 Aguirre v. Aguirre, 985 So. 2d 1203, 1207 (Fla. 4th DCA 2008).
 Silverman v. Silverman, 940 So. 2d 615, 616-17 (Fla. 2d DCA 2006).
 Aguirre, 985 at 1207 (concluding there was no way to tell without a transcript whether parties introduced evidence about valuation of life insurance proceeds); cf. Whelan v. Whelan, 736 So. 2d 732, 733 (Fla. 4th DCA 1999) (reversing apparent unequal division of assets where none of the assets were valued).
 Esaw v. Esaw, 965 So. 2d 1261, 1264-65 (Fla. 2d DCA 2007).
 Calderon v. Calderon, 730 So. 2d 400, 403 (Fla. 5th DCA 1999); Whelan, 736 So. 2d at 733.
 Green v. Green, 788 So. 2d 1083, 1085 (Fla. 1st DCA 2001); Burke v. Burke, 864 So. 2d 1284, 1284-85 (Fla. 1st DCA 2004); Dorsett v. Dorsett, 902 So. 2d 947, 954-55 (Fla. 4th DCA 2005).
 Burke, 864 So. 2d at 1284-85.
 Silverman, 940 So. 2d at 617-18 (noting that record showed that evidence of value included loan closing statements, business bank statements, business profit and loss statements, documents prepared by a business expert, and a CPA’s testimony).
 Marshall v. Marshall, 953 So. 2d 23, 26-27 & n.3 (Fla. 5th DCA 2007); see also Bright v. Bright, 721 So. 2d 1215, 1215-16 (Fla. 1st DCA 1998) (“[W]e cannot discern from the final judgment why the trial court apparently unequally distributed the parties’ two principal marital assets—the home and the former wife’s pension—in a way that seems to favor the former husband. Accordingly, we vacate the portion of the final judgment which distributes those assets and remand ….”); Porzio v. Porzio, 760 So. 2d 1075, 1077-78 (Fla. 5th DCA 2000); Holmes v. Holmes, 709 So. 2d 166, 167-68 (Fla. 5th DCA 1998); Mobley v. Mobley, 18 So. 3d 724, 727 (Fla. 2d DCA 2009).
 Smith v. Smith, 39 So. 3d 458, 459-60 (Fla. 2d DCA 2010).
 Sugrim v. Sugrim, 649 So. 2d 936, 937 (Fla. 5th DCA 1995).
 Marshall, 953 So. 2d at 26.
 Sugrim, 649 So. 2d at 938.
 Chirino v. Chirino, 710 So. 2d 696, 697 (Fla. 2d DCA 1998).
 Dorsett, 902 So. 2d at 950-52.
 Soto v. Soto, 974 So. 2d 403, 404-05 (Fla. 2d DCA 2007).
 Encarnacion v. Encarnacion, 877 So. 2d 960, 963-64 (Fla. 5th DCA 2004); Klinka v. Klinka, 959 So. 2d 383, 385-86 (Fla. 5th DCA 2007).
 Ferguson v. Ferguson, 54 So. 3d 553, 556 (Fla. 3d DCA 2011) (holding court erred by voiding a paragraph of mediated settlement agreement because it was obligated to enforce the MSA as voluntarily agreed on); Encarnacion, 877 So. 2d at 963-64 (concluding the court “lacked jurisdiction to redetermine and restructure the settlement agreement with regard to the marital properties”).
 Marshall v. Marshall, 953 So. 2d 23, 26 (Fla. 5th DCA 2007).
 Worthen v. Worthen, 991 So. 2d 400, 401 (Fla. 2d DCA 2008).
 Klinka v. Klinka, 959 So. 2d 383, 385 (Fla. 5th DCA 2007); see also Worthen v. Worthen, 991 So. 2d 400, 401 (Fla. 2d DCA 2008) (reversing partition that neither party sought).
 Banks v. Banks, 168 So. 3d 273, 276-77 (Fla. 2d DCA 2015) (affirming where court couldn’t determine if former wife preserved argument regarding whether the husband must secure her release as an obligor on the note for the marital home).
 Matteis v. Matteis, 82 So. 3d 1048, 1048-49 (Fla. 4th DCA 2011).
 Banks, 168 So. 3d at 276.
 Arias v. Arias, 28 So. 3d 157, 157 (Fla. 2d DCA 2010).
 Mead v. Mead, 726 So. 2d 865, 865-66 (Fla. 1st DCA 1999).
 Casella v. Casella, 569 So. 2d 848, 849 (Fla. 4th DCA 1990) (reversing on the face of the judgment where the alimony and child support award constituted about 70% of the former husband’s net income); Dennison v. Dennison, 852 So. 2d 422, 423-24 (Fla. 5th DCA 2003) (reversing where alimony and child support consumed 83% of former husband’s monthly income); Ballesteros v. Ballesteros, 819 So. 2d 902, 902-04 (Fla. 4th DCA 2002) (reversing alimony award where alimony and child support constituted about 60% of income and left former husband without the means to support himself); Calderon, 730 So. 2d at 401-02 (reversing where monthly alimony, child support, mortgage payment, and attorneys’ fees exceeded what the court found to be his net income).
 Ballesteros, 819 So. 2d at 902-04.
 Guirgis v. Guirgis, 46 So. 3d 156, 157 (Fla. 2d DCA 2010); see also Todd v. Guillaume-Todd, 972 So. 2d 1003, 1007 (Fla. 4th DCA 2008) (holding lack of transcript barred argument appellant would have less than $400 monthly to live on after support, especially where judgment suggested his income exceeded that on his financial affidavit).
 Todd, 972 So. 2d at 1007; Whittingham v. Whittingham, 67 So. 3d 239, 239-40 (Fla. 2d DCA 2010); Wilcox v. Munoz, 35 So. 3d 136, 139 (Fla. 2d DCA 2010); Aguirre, 985 So. 2d at 1207; Hindle v. Fuith, 33 So. 3d 782, 785-86 (Fla. 5th DCA 2010).
 Wilcox, 35 So. 3d at 140 & n.1.
 Calderon, 730 So. 2d at 402; Swanston v. Swanston, 746 So. 2d 566, 569 (Fla. 1st DCA 1999); Green, 788 So. 2d at 1085.
 Soto, 974 So. 2d at 404-05.
 Henderson v. Henderson, 905 So. 2d 901, 903-04 (Fla. 2d DCA 2005).
 Green, 788 So. 2d at 1085.
 Porzio, 760 So. 2d at 1077.
 Silverman, 940 So. 2d at 619.
 Soto, 974 So. 2d at 405.
 Whittingham, 67 So. 3d at 240; C.J.E. v. S.D.A., 79 So. 3d 229, 229-30 (Fla. 2d DCA 2012).
 Hindle, 33 So. 3d at 786-87.
 Wilcox, 35 So. 3d at 140.
 Rushetsky v. Rushetsky, 74 So. 3d 592, 592 (Fla. 4th DCA 2011); Todd, 972 So. 2d at 1006.
 Chetram v. Singh, 984 So. 2d 614, 616 (Fla. 5th DCA 2008).
 Quinn v. Quinn, 169 So. 3d 268, 270-71 (Fla. 2d DCA 2015).
 Galasso v. Gargione, 40 So. 3d 14, 16-17 (Fla. 2d DCA 2010).
 Smith, 39 So. 3d at 460.
 Mead, 726 So. 2d at 865.
 Swanston, 746 So. 2d at 568-70.
 Silverman, 940 So. 2d at 618-19.
 Wilcox, 35 So. 3d at 141 (holding, however, that in light of remand on other child support issues, the trial court could address retroactive modification if the former husband had requested a retroactive award).
 Calderon, 730 So. 2d at 402; Porzio, 760 So. 2d at 1077.
 Ross v. Botha, 867 So. 2d 567, 570-71 (Fla. 4th DCA 2004); Burnham v. Burnham, 884 So. 2d 390, 392 (Fla. 2d DCA 2004).
 Burnham, 884 So. 2d at 393.
 Randazzo v. Randazzo, 89 So. 3d 984, 985-86 (Fla. 4th DCA 2012).
 Galasso, 40 So. 3d at 16-17.
 Esaw, 965 So. 2d at 1265; Wilcox, 35 So. 3d at 139-40; Worthen v. Worthen, 991 So. 2d 400, 401 (Fla. 2d DCA 2008); Lewis v. Lewis, 807 So. 2d 777, 777-78 (Fla. 1st DCA 2002); Arias, 28 So. 3d at 157; Green, 788 So. 2d at 1085.
 Dennison, 852 So. 2d at 424.
 Klette v. Klette, 785 So. 2d 562, 563-64 (Fla. 1st DCA 2001); Esaw, 965 So. 2d at 1265. Indeed, one pre-Klette case held that the failure to make findings of fact related to alimony justified reversal even without a transcript, but has since been distinguished on the basis that other inconsistencies in that judgment showed alimony wasn’t appropriate. Compare Swanston, 746 So. 2d at 567-68, with Lewis v. Lewis, 807 So. 2d 777, 778 (Fla. 1st DCA 2002); nevertheless, Swanston continues to be cited. See Gray v. Gray, 103 So. 3d 962, 966 (Fla. 1st DCA 2012).
 Aguirre, 985 So. 2d at 1206.
 Banks, 168 So. 3d at 275-76.
 Mobley, 18 So. 3d at 727-28.
 Calderon, 730 So. 2d at 402-03.
 Swanston, 746 So. 2d at 568.
 Schmidt v. Schmidt, 997 So. 2d 451, 453-54 (Fla. 2d DCA 2008).
 Esaw, 965 So. 2d at 1266-67.
 Wofford v. Wofford, 20 So. 3d 470, 474-76 (Fla. 4th DCA 2009).
 Boone v. Boone, 3 So. 3d 403, 404-05 (Fla. 2d DCA 2009).
 Larocka v. Larocka, 43 So. 3d 911, 912-13 (Fla. 5th DCA 2010).
 Ross, 867 So. 2d at 571.
 Larocka, 43 So. 3d at 912-13.
 Henderson, 905 So. 2d at 904-05.
 Chetram, 984 So. 2d at 616.
 Hunter v. Hunter, 65 So. 3d 1213, 1215 (Fla. 2d DCA 2011).
 Kilgore v. Kilgore, 729 So. 2d 402, 406-07 (Fla. 1st DCA 1998).
 Bartolotta v. Bartolotta, 687 So. 2d 1385, 1387-88 (Fla. 4th DCA 1997).
 Aguirre, 985 So. 2d at 1206; Hindle, 33 So. 3d at 785; Alday v. Gleason, 853 So. 2d 1105, 1106 (Fla. 5th DCA 2003); Burnham, 884 So. 2d at 391-92.
 Alday, 853 So. 2d at 1106.
 Clark v. Clark, 825 So. 2d 1016, 1017-18 (Fla. 1st DCA 2002).
 Smith, 39 So. 3d at 460-61.
 Galasso, 40 So. 3d at 16.
 Van Epps v. Hartzell, 934 So. 2d 590, 592 (Fla. 5th DCA 2006); R.M.F. v. D.C., 55 So. 3d 684, 684 (Fla. 2d DCA 2011); Chestnutt, 752 So. 2d at 1288; Porzio, 760 So. 2d at 1077; Burnham, 884 So. 2d at 392 (remanding as to amount); Macarty v. Macarty, 29 So. 3d 434, 435 (Fla. 2d DCA 2010).
 Wofford, 20 So. 3d at 476 (Fla. 4th DCA 2009).
 Calderon, 730 So. 2d at 403.
 Galasso, 40 So. 3d at 17; Ballesteros, 819 So. 2d at 903-04.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


text:
A course designed for the non-major. Students learn how to draw using variations on the methods devised by Betty Edwards in her book of the same title.
Prerequisite: ART 101. A course for the student who has completed ART 101 and wishes to continue the study of drawing using the same method.
Courses designed for the non-art majors or specifically designed courses for outside disciplines.
A studio course dealing with the study of and experimentation with basic elements and principles of visual design in a sequence of three-dimensional problems. A variety of materials will be used.
This course investigates two-dimensional principles (line, value, texture, shape, form and composition), color theory (structure, terminology, and optical and psychological dynamics) and light (how it affects our perception of form and color). Using art and nature as sources, students employ a variety of media to explore sensory and emotional, as well as intellectual, aesthetic concepts. Course work includes lecture, demonstration, studio work and critique for both art majors and non-art majors.
Prerequisite: ART 101 or 215. A studio course concentrating on the human figure as a subject matter in drawing. Students will work from a live model using a variety of media and techniques and various compositional ideas. Attendance is absolutely required.
Prerequisite: ART 118. An exploration of advanced problems dealing with the human figure in drawing by working from a live model.
Prerequisite: ART 119. A continuation of Figure Drawing II.
Experimentation with various hand building and wheel throwing techniques. Students will deal with the exploration of functional and sculptural statements in clay. Experience in glaze application and kiln loading.
Prerequisite: ART 121. A continuation of techniques and problems explored in Ceramics I.
This art history class is an overview of modern artistic movements and styles beginning with French impressionism through the work of the Pop artists of the 1960s. Pedagogies include slide lectures, class discussions, student presentations and field trips to see local museums and collections. This course has been specifically designed for the core curriculum and non-majors and may not substitute for any course in either the BA or BFA program.
Pre-requisite: ART 138. A fundamental course in painting designed to introduce the student to the basic techniques and processes of oil painting.
An entry-level studio course in which students learn drawing fundamentals such as line, shape, value, form, and compositional arrangement by observing still life arrangements and an introduction to fundamental drawing tools and materials. Open to non-majors.
A studio course that examines the fundamentals of color theory with emphasis on pigment mixture, color interaction, and craft skills. Open to non-majors.
This survey class about the history of photography explores the development of various photo processes, ideas about ways we view the world through constructed images, and about photography as a fine art. This course may be used for the core curriculum and as an art history elective for art and art history students.
An entry-level studio course in which students will learn about a wide variety of drawing techniques and materials. Self-initiated drawing problems are a part of the work in this course. Open to non-majors.
Prerequisite: ART 101 or 215. A continuation and elaboration of Drawing I.
A studio drawing course concentrating on the human figure. Studio assignments focus on learning fundamental human anatomy, structure, proportion, and scale. Students will work from a live model using a variety of media, techniques and compositional challenges.
A course designed primarily for the classroom teacher who may be teaching in a school without an art specialist. This course provides for a variety of experiences such as involvement in all kinds of media, aesthetic exercises, art history through museum visits and experience with art criticism at various levels. Students will have a vital role in designing and implementing their own sequence of art lessons for an after school art program.
Pre-requisite: ART 116. In the sculpture courses, students will experiment with traditional and contemporary approaches to sculpture, including carving, modeling, casting, and construction techniques.
Pre-requisite: ART 130. A studio course based on the fundamentals of painting (ART 130) stressing the exploration of the painting medium as means of personal creative expression with an increased emphasis on composition and structure.
A studio course introducing various techniques in the printmaking process. Types of printmaking could include intaglio, etching, dry point collographs, silkscreen or relief painting.
An introductory studio course in the processes of printmaking. The techniques of monotype, intaglio, and relief printing will be covered. Students will demonstrate the ability to correctly mix inks and modifiers to use in conjunction with various matrices such as copper, linoleum, plexiglass, and wood. Students will develop an understanding of the best papers to use for each printing style.
Pre-requisite: ART 135. A continuation of techniques and problems explored in Ceramics I.
Pre-requisite: ART 138. This course builds upon knowledge learned in ART 138. Students will begin to incorporate studio still life experience and build personal concept development to develop their personal vision and voice. Introduction to advanced materials and techniques is ongoing.
Photography is a study of basic photographic processes, camera and darkroom experimentation, with picture making as a descriptive and expressive art form. A 35-mm camera is required. Open to non-majors.
Prerequisite: ART 241. A continuation and elaboration of Photography I.
A course exploring how animation has developed into its own unique art form. The course will begin with an investigation of pre-animation innovations and advance to coverage of how animation developed during significant historical events such as WWI, the Great Depression, WWII, and the fall of the Soviet Union. Students will develop an understanding of the methods pioneered by influential animation houses such as Disney, Warner Brothers, and the Fleischer Studio. As the course progresses, student will practice critiquing the animations discussed through the lens of historical context and artistic style.
This is an introductory course of the design tools of graphic design: Photoshop, Adobe Illustrator and Adobe InDesign. Cross-listed as CIS 248.
This introductory art history course is a survey of visual art and architecture in the western perspective beginning with art created by prehistoric man and continuing through Egyptian, Ancient Near East, Aegean, Greek, Roman, Islamic, Early Christian, Byzantine, Medieval and Gothic periods. Pedagogies include lecture, class discussion and visits to the Cincinnati Art Museum.
A survey course examining architecture, sculpture, and painting beginning with Early Renaissance art and continuing to the mid 19th century. Open to non-majors.
Art courses not offered on a regular basis will be listed under this number.
This course examines the African-American artist and the art they have produced over the last 200 years, with particular attention to the cultural and historical context. May be taken for the core curriculum or may serve as an elective in art history for art and art history.
This course is an examination of the ways in which paintings, prints, and photographs of the American West can be used to understand broader cultural ideas about the land and its peoples. It has been designed to introduce students to the history of Western American art from the early nineteenth century to the present day, with special emphasis on theoretical approaches that suggest the ways in which visual imagery can be used as a primary source document to illuminate issues of broader historical concern. No pre-requisites but prior college work in American history or general art history is very helpful.
A course for students preparing to teach art on the elementary level. Stages of art development in the young child, discussion of current literature in the field, as well as the history of art education will be covered. There may be some studio experiences as they relate to the teaching of art on this level.
A studio and lecture course for students preparing to teach in secondary school. The student will study the literature of art education and the methods of teaching art in the high school. Students will execute projects used in teaching art at this level. This course should be taken prior to supervised student teaching.
This course in an integration and expansion of how to deal with the visual elements in a clear and concise visual communication. Students will be asked to design with, make aesthetic judgments about, and communicate via visual form. The final third of the course will delve into symbol and mark development on a purely elemental foundation.
Prerequisite: ART 117. This course concentrates on basic design principles relating specifically to typography. Students will develop an understanding of letter form construction, proportion, and design. The last third of this course will deal with the creative use of typography in logos and marks, extending student research into symbol development.
This course serves as an introduction that provides an essential foundation in the history, theory, and practice of typographic communication. Students will engage in studio projects to develop a formal understanding, aesthetic, and functional sensibilities, and technical skills.
Prerequisites: ART 125, 251, 252, or permission of instructor. This course is a study of the history of design (with an emphasis on graphic design) and design theory from the nineteenth century to the present.
A course for graphic design students to teach some of the basic tools and equipment used by designers. Part of the course will involve learning how to use computer software needed in page layout and production.
Pre-requisite: ART 138. This course introduces majors and non-majors to the worlds of illustration through a series of studio assignments, lectures and class discussions. Students will study the historical role and function of illustration and generate a variety of illustrative projects which may include illustrating short stories, fables and folklore, editorial cartooning, game board design, and more.
This course is a survey of American painting, sculpture, architecture and the decorative arts from dating from prior to Columbus up until the American Civil War. Designed for the core curriculum and as an elective for art history students.
This is a continuation of ART 272, although it is not a pre-requisite. This course will pick up the American survey study of art, sculpture, architecture, and decorative arts produced during the Civil War and then move the study to art of the Gilded Age, and the twentieth century. Methodologies of American Studies will be part of this class. No pre-requisites but prior work in either art history or American history is highly desirable.
Pre-requisite: ART 248. User experience design is the process of enhancing customer satisfaction and loyalty by improving the usability and pleasure provided in the interaction between the customer and the product. This course provides students with an understanding of User Experience Design ["UX"] elements and how they work together, research methodologies, navigation design, wire-frame creation, and strategy as an element of user experience. Students will also learn how to translate this knowledge to environments for Graphic Design and Space Design (retail, entertainment, corporate-office, hospitality, planning, etc.).
Pre-requisites: ART 248. The course provides students with an understanding of principles and technologies relevant to the design of social media, that is, media supporting social interaction. The unit covers the history and theory of social networks. Using software such as Adobe Photoshop and Adobe Illustrator, students learn how to design a professional brand that can be reflected on social media websites like Facebook, Twitter, YouTube, and Pinterest. Students will also learn how to start a blog and administer content using WordPress.
In the sculpture courses, students will experiment with traditional and contemporary approaches to sculpture, including carving, modeling, casting, and construction techniques.
Prerequisite: ART 311. A continuation and elaboration of Sculpture I.
Prerequisite: ART 238. This course introduces students to installation art media and styles. Students will create large scale artwork with an emphasis on developing vision and voice through their personal imagery.
Prerequisite: ART 315. A continuation of ART 315.
Pre-requisite: ART 219. A studio drawing course focusing on the human figure. The second in a series of three. Studio assignments focus on advanced figure drawing assignments and a further exploration into media.
Prerequisite: ART 101 or 215. A fundamental course in painting designed to introduce the student to the basic techniques and processes of oil and/or acrylic painting.
Prerequisite: ART 321. A studio course stressing the exploration of the painting medium as means of personal creative expression with an increased emphasis on composition and structure.
Pre-requisite: ART 224. A continuation and elaboration of Sculpture I.
Prerequisite: ART 138. An advanced drawing class focusing on drawing the human face. Involved are study of the underlying skeletal and muscular structures of the face as well as proportions. A large part of the class involves "putting it all together" in portrait drawings from life, and studies of models from different ages. A variety of media will be used.
Pre-requisite: ART 230. This course builds upon knowledge learned in ART 130 and 230. Students will develop a body of work to develop their personal painting vision, voice and skillset. Introduction to advanced materials and techniques is ongoing. Ongoing exploration of the painting medium as means of personal creative expression with an increased emphasis on composition and structure.
Pre-requisite: ART 234. An intermediate studio course building on the techniques learned in Printmaking I with an emphasis on ways to incorporate color. The processes of multi-plate color etching, chine-colle, and linocut with be covered. Techniques for creating shaped linocut blocks will be introduced.
Pre-requisite: ART 235. A continuation of techniques and problems explored in Ceramics I and II.
Pre-requisite: ART 238. This course builds upon knowledge learned in ART 138 and 238. Students will develop a body of work to develop their personal drawing vision, voice and skillset. Introduction to advanced materials and techniques is ongoing.
Pre-requisites: ART 117, 248. This course will investigate the fundamental principles of Web design (layout, composition, typography, color, purpose, UX/UI, responsiveness, simplicity, writing and white space, etc.). Students will research their target audience(s) and conceive and design their own site. Students will create responsive design system(s) with wire-frames and layouts. This course also teaches students how to use WordPress as a platform for creating personalized and professional websites. Cross listed as CIS 240.
Pre-requisites: ART 117, 248. This course will introduce the student to effective communicate with motion graphics, using Adobe After Effects. These skills will be applied in projects that stress conceptual, technical, development, and the basic theories of kinetic composition and aesthetics. Skills covered include key-framing, track mattes, 3-D space, particles, typography techniques, and more. Students will study the history of the field, including the work of pioneers (Norman McLaren, Saul Bass, and Len Lye).
Pre-requisites: ART 117, 248. This course will give students the fundamentals needed to create animation using Adobe Animate. Throughout the course, Disney's twelve basic principles of animation will be addressed. Student will visually communicate basic narratives through storyboarding, blocking movements, and animating objects/figures, while considering how timing influences the perceived believability of actions. Focus will be on frame-by-frame animation, tweening, rigging bones, and adding sound. Students will learn how to export files and upload to streaming services for sharing online. The course will culminate with a study of character development that addresses how to tell a simple story.
Pre-requisite: ART 251, 252, 272, or 273. This course is a study of the social and cultural history of Cincinnati as studied through the collection of works in the Cincinnati Wing at the Cincinnati Art Museum. At least 50% of the classes will be held on location at the Cincinnati Art Museum. Designed for upper-classmen and TAP students.
This course is an examination of the architecture and the built environment in America from Pre-Colonial years to the present day. This study will feature the design and construction of residences, commercial structures, and public institutions. This course is at once a study of periods and styles and a cultural examination of the social issues and conditions under which these structures rose. We will ultimately evaluate if the architecture created in America expresses a particularly American view.
Prerequisite: ART 251, 252. This course is the third part of the survey of art in the western world and specifically addresses art movements and art theories associated with modernism and post-modernism of the twentieth century. This course assumes the seminar format with student presentation and class discussion the primary pedagogical method of study. Required course for BA and BFA students.
Pre-requisite: ART 251, 252, 272, or 273. This seminar class examines, using comparative methods, the life and work of these two American masters in context of gilded age America and its ideologies.
Pre-requisite: ART 248, 265. This course introduces students to a practice-based, hands-on approach to visual communication design. Students will learn how to design with specific audiences and purpose in mind. Topics also include typography, symbols, brand identity, logos, and information design. Connections to current and historical context of the graphic arts are woven throughout the course. Students will also share their work and take part in design critiques and discussions.
Prerequisite: ART 265 or 267. A course building on skills from ART 117 and ART 267. The use of grid systems will be introduced as a means of organizing and composing type and images. Knowledge of Aldus PageMaker software is suggested for this class, but is not necessary.
An in-depth focus on the illustrative uses of computer technology. Adobe Illustrator and Photoshop will be utilized in a creative and imaginative way.
Pre-requisite: ART 248, 265, 267. Typography II is the second course in the typography sequence focusing on the design of multiple pages, an introduction to publication design, basic typographic systems, and typographic hierarchy. Course content includes an emphasis on concept and research based practices.
Prerequisite: ART 270. This course is a continuation of Illustration I.
Special art projects subject to departmental approval and under the direction of a departmental faculty member.
Pre-requisite: ART 312. Advanced level work in sculpture. Projects involve wood modification and creative engineering, site specific installation, and 3D environments.
Students will work closely with the instructor to develop a concept focusing on a large-scale body of work (actual size), which demonstrates advanced level painting or illustration.
According to the emphasis declared, art majors will, in their senior year, meet in a seminar setting in which they will discuss contemporary issues in the art world, and design and implement a thesis project particular to their chosen area of emphasis.
Pre-requisite: ART 219, 319. A studio drawing course focusing on the human figure. The third in a series of three. Studio assignments are student driven and focus on advanced figure drawing assignments and a further exploration into media and concept development.
Prerequisite: ART 322. Students will demonstrate advanced level painting in acrylic and/or oils.
Prerequisite: ART 421. This course is a continuation of Painting III.
Prerequisite: ART 121 or 122. Students in this advanced class will work on more advanced projects either sculptural or utilitarian in nature.
Pre-requisite: ART 224, 334. Advanced level work in sculpture. Projects involve wood modification and creative engineering, site specific installation, and #D environments.
Pre-requisite: ART 130, 230, 330. A studio course stressing the exploration of the painting medium as means of personal creative expression with an increased emphasis on composition and structure and the development of a personal body of work.
Pre-requisite: ART 234, 334. An advanced studio course building on the techniques learned in Printmaking I and II. In the first half of the semester, advanced intaglio and monotype techniques will be introduced. In the second half of the semester, students will have the opportunity to develop a body of work in a self-selected printmaking style.
Pre-requisite: ART 135, 235, 335. Students in this advanced class will work on more advanced projects either sculptural or utilitarian in nature.
Pre-requisite: ART 138, 238, 338. This course builds upon knowledge learned in ART 138, 238, 338. Students will develop a body of work to develop their personal drawing vision, voice, and skillset. Introduction to advanced materials and techniques is ongoing.
Pre-requisite: ART 248, 265, 267, 360. Package design investigates the methodologies associated with designing products for mass consumer sales. Students will focus on researching competitor markets; developing creativity and brainstorming ideas; defining priority of communication within a shelf context; and creating package designs that stand out on shelf.
Courses in Art other than those listed will be available under this number. For Art majors only; others can be admitted by permission of the department. Offerings under this course number can include Prismacolor Drawing, Color Media Drawing, Figure Painting and Portrait Drawing, as well as art history electives.
Pre-requisites: ART 248, 265, 267, 360. This course focuses on expanding students' understanding of visual language and developing a more complex command of it for visual communication. A particular emphasis will be systems design for visual identity (branding). Additionally, exploring design process, professional preparation, and furthering the development of technical skills are important aspects of the course.
Course Requirement: Graphic Design students only. A course focusing on complex applications of marks, logotypes, symbols, and their application in a corporate identity system. Students will be expected to draw together all information gained in design courses thus far and apply it to more complex and demanding projects.
Course Requirement: Art History majors. A seminar offering an intensive study of a particular topic. Students will work on researching and writing a substantial research paper.
Pre-requisite: ART 370. This course is a continuation of ART 370. Students are assigned more advanced illustrative projects focused on student-driven body of work with emphasis on their chosen area of research in the field of illustration. Students will be expected to create a series of original illustrations based on their research culminating in a final portfolio.
By taking this class, we intend for our students to have conversations about their next steps after graduation, to develop a sense of confidence, professionalism and reflection about their next steps after graduation. Ultimately through this class experience, our students will have been presented many opportunities to develop their personal style, resume/CV, Artistic/business portfolio and professional presentation and organizational skills in order for them to move easily into the next phase of their professional careers.
Pre-requisite: ART 480. The focus of this course is on the development of exhibition content, as well as, production methods used to create compelling contemporary exhibitions. During this course, we will explore the many and diverse elements of exhibition design including: display methodologies (from physical to the digital, how to choose the right form); planning; and problem-solving. Class format will incorporate lectures, discussions, workshops, and field trip(s). Grading is based upon class/workshop participation, and development of BFA and BA senior capstone requirements.
Pre-requisite: ART 481. Senior Exhibition is the culmination of ART 481 and 482 for BFA students. This course focuses on the finishing, installation, and presentation of their BFA capstone.
Interns work within organizations or other settings gaining experience in a specific area of art.

matches:
ART 101
ART 101
ART 101
ART 118
ART 119
ART 121
ART 138
ART 101
ART 116
ART 130
ART 135
ART 138
ART 138
ART 241
ART 117
ART 125
ART 138
ART 272
ART 248
ART 248
ART 311
ART 238
ART 315
ART 315
ART 219
ART 101
ART 321
ART 224
ART 138
ART 230
ART 130
ART 234
ART 235
ART 238
ART 138
ART 117
ART 117
ART 117
ART 251
ART 251
ART 251
ART 248
ART 265
ART 117
ART 267
ART 248
ART 270
ART 312
ART 219
ART 322
ART 421
ART 121
ART 224
ART 130
ART 234
ART 135
ART 138
ART 138
ART 248
ART 248
ART 370
ART 370
ART 480
ART 481
ART 481


text:
There is no common law or inherent right of appeal. The Courts of Justice Act, R.S.O. 1990, c.C. 43, provides for the general appellate jurisdiction of this court and the Divisional Court in civil matters: see ss. 6, 19 and 21.9.1.
 Subject to certain exceptions – none of which are relevant in this case – an appeal lies to this court from a final order of a judge of the Superior Court of Justice. If an order is interlocutory, rather than final, the appeal lies to the Divisional Court, with leave: Cole v. Hamilton (City) (2002), 2002 CanLII 49359 (ON CA), 60 O.R. (3d) 284 (C.A.), at para. 15; Albert v. Spiegel (1993), 17 C.P.C. (3d) 90 (Ont. C.A.), at p. 91.
 A “final order” is one that finally disposes of an action or application, or that finally disposes of a “substantive right” of one of the parties: Hendrickson v. Kallio, 1932 CanLII 123 (ON CA),  O.R. 675, at p. 680; Ball v. Donais (1993), 1993 CanLII 8613 (ON CA), 13 O.R. (3d) 322 (C.A.), at p. 324; R.S. v. S.H. (2000), 2000 CanLII 17038 (ON CA), 52 O.R. (3d) 152 (C.A.), at para. 13; Waldman v. Thomson Reuters Canada Ltd., 2015 ONCA 53 (CanLII), 330 O.A.C. 142, at paras. 22-23.
When parties argue whether orders of this nature are final or interlocutory, they appear to lose sight of the fact that there is a remedy where the order is interlocutory, although admittedly, it is to another court and requires leave. It was apparent from the argument in this appeal that the appellant's real concern was not where to appeal the motions court judge's order allowing the action to proceed to trial. Rather, the real concern was that, unless overturned on appeal, the findings underlying this order would be binding on the judge who ultimately tried the action, either because the findings are res judicata or raise issue estoppel, or because, in this particular case, they are so detailed and incisive that the trial judge, even if he or she does not feel obliged in law to follow them, will show them great deference and adopt them as persuasive. The latter consideration may be a sound reason for allowing leave to appeal, but it is of no concern to this court. As to res judicata or issue estoppel in the context of a motion for summary judgment that is dismissed, I do not think that the motions court judge's reasons should be taken as anything more than his explanation for finding that there is a genuine issue for trial. It is the finding that there is a genuine issue for trial that is res judicata.
Conceptually, it may be difficult to accept that where a plaintiff or defendant moves for summary judgment and succeeds, the appeal from that summary judgment is to this court as of right whereas if the moving party fails to obtain a summary judgment, the order dismissing the motion is to the Divisional Court, and only with leave of that court. However, the distinction has a long tradition in the law. The summary judgment finally determines the issue or issues between the parties and gives rise to a plea of res judicata in subsequent proceedings on the same issue or issues. An order dismissing a motion for summary judgment, on the other hand, determines only that there is a genuine issue for trial and the issue or issues have not been finally resolved.
 This court reiterated in Ashak v. Ontario (Director, Family Responsibility Office), 2013 ONCA 375 (CanLII), 115 O.R. (3d) 401, at para. 7, that, in general, an order dismissing a motion for summary judgment is not a final order because a decision under r. 20 determines only that a genuine issue requiring a trial exists.
 Purported findings of fact by a motion judge who dismisses a summary judgment motion do not have binding effect in the subsequent proceeding unless the motion judge invokes her power under r. 20.05(1) to make an order specifying what material facts are not in dispute – a power that exists where summary judgment is refused or is granted only in part. As this court stated in Ashak, where a motion judge proposes to do so, she should specifically say so, and the order should refer to r. 20.05(1): para. 8, citing Leone v. University of Toronto Outing Club, 2007 ONCA 323 (CanLII), at para. 3.
Like the court in Leone, it is our view that, if a motion judge dismissing a motion for summary judgment proposes to exercise the power under rule 20.04(4)[] to make a binding determination of law, the motion judge should specifically invoke the rule, and reference to the rule, as well as the legal determination made, should form part of the formal order. In our opinion, the issue of whether an order is final or interlocutory should not turn on the forcefulness of the reasons for the conclusion….
In our view, in most instances, the content of the formal order is integral to determining what has been decided against a party in a fashion that is binding.
 Ashak distinguished Almrei v. Canada (Attorney General), 2011 ONCA 779, 345 D.L.R. (4th) 475, in which an order dismissing a summary judgment motion was found to be a final order, and makes clear that Almrei “should not be viewed as establishing a general principle that the question of whether an order dismissing a motion for summary judgment is final can be determined based on a motion judge’s reasons”: para. 15.
 Mr. Almrei had been held in custody for many years on two successive security certificates issued under the Immigration and Refugee Protection Act, S.C. 2001, c. 27. Ultimately, after a lengthy hearing, parts of which were held in camera or ex parte, the second security certificate was quashed by Mosely J. Mr. Almrei subsequently commenced a civil action against Canada for, among other things, negligent investigation, false imprisonment and various Charter breaches. He brought a motion for partial summary judgment, arguing that issue estoppel applied and the parties were bound by the findings made by Mosley J. The motion judge dismissed Mr. Almrei’s motion, explaining that Mr. Almrei sought to invoke the doctrine of issue estoppel as a sword to obtain summary judgment, rather than as a shield or defence to preclude litigation on matters already decided between the parties, and that the test for issue estoppel had not been met.
 This court dismissed the Attorney General of Canada’s motion to quash Mr. Almrei’s appeal to this court. At para. 4 of its analysis, this court noted that the hearing before Mosely J. involved hearing evidence that Mr. Almrei might never be in a position to call or even access. Thus, depriving Mr. Almrei of the ability to use the findings of fact by Mosely J. could deprive Mr. Almrei of substantive rights.
[Mr. Almrei] singled out for resolution the question of use of issue estoppel. A finding that issue estoppel is not available is a final determination of that issue of law. The decision of the motion judge has arguably deprived the appellant of a substantive right that could have been entirely determinative of the Attorney General's liability….
 In Ashak, the court provided three reasons why Almrei should not be taken as establishing a general principle that where a judge purports to make a legal determination in reasons dismissing a summary judgment motion those determinations should be treated as binding.
 First, Mr. Almrei had formally singled out the precise legal issue to be decided. Unlike in Ashak, the precise scope of the point of law determined by the motion judge was clear.
 Second, the determination on the question of issue estoppel potentially deprived Mr. Almrei of the ability to prove his case.
 Third, Canada – the party that moved to quash the appeal on the basis that the order was interlocutory – maintained that the question of issue estoppel was res judicata.
 By distinguishing Almrei in that manner, the court left open the possibility that, in circumstances paralleling those in Almrei, a legal determination could be found to be binding, even if not included in the formal order.
 In Fanshawe College of Applied Arts and Technology v. AU Optronics Corp., 2015 ONCA 808 (CanLII), the motion judge made several determinations of law in the course of dismissing the defendants’ motion for summary judgment. When the defendants appealed to this court, the plaintiff moved to quash their appeal for lack of jurisdiction. In the course of its submissions, the plaintiff conceded that “nothing in the order sought to be appealed, or in the reasons of the motion judge in support of that order, precludes the [defendants] in any way from advancing at trial their arguments regarding s. 36(4) of the Competition Act or abuse of process as substantive defences or otherwise.” In light of that concession, this court quashed the appeal in a three-paragraph endorsement on the basis that the order below was interlocutory, and not final.

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