         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-2217
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MICHAEL ANTHONY PADGETT,
Former Husband,

    Appellant,

    v.

RETHA ANN PADGETT, Former
Wife,

    Appellee.
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On appeal from the Circuit Court for Baker County.
Stanley H. Griffis, III, Judge.

                           May 2, 2019


PER CURIAM.

     Michael Padgett (the former husband) appeals the trial
court’s denial of his petition to modify his alimony obligation to
Retha Padgett (the former wife), arguing that the evidence does
not support the trial court’s finding that he was capable of
earning additional income. We cannot determine whether the
trial court’s finding was supported by the evidence due to the lack
of transcript in the record on appeal, and must affirm. See
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152
(Fla. 1979) (“Without a record of the trial proceedings, the
appellate court can not properly resolve the underlying factual
issues so as to conclude that the trial court’s judgment is not
supported by the evidence or by an alternative theory.”).

    AFFIRMED.

B.L. THOMAS, C.J., and KELSEY and WINOKUR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Joseph L. Mannikko of Mannikko & Baris, Macclenny, for
Appellant.

No appearance for Appellee.




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