BeCruising Telecom, LLC v. Palau Sunset Harbor Condominium Association, Inc.

• Court: District Court of Appeal of Florida
• Decided: January 10, 2024
• Docket: 2022-0877
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 10, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0877 Lower Tribunal No. 18-2477 ________________

BeCruising Telecom, LLC, Appellant,

vs.

Palau Sunset Harbor Condominium Association, Inc., et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Gina Beovides, Judge.

Inger M. Garcia (Davie); Eric J. Cvelbar, for appellant.

Akerman LLP, and Alexandra M. Mora, and Alejandro J. Paz; Cole, Scott & Kissane, P.A., and Kurt T. Koehler (Jacksonville), for appellees.

Before EMAS, HENDON and BOKOR, JJ.

PER CURIAM. Affirmed. See Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d

925, 928 (Fla. 2005) (“In order to be preserved for further review by a higher

court, an issue must be presented to the lower court and the specific legal

argument or ground to be argued on appeal or review must be part of that

presentation if it is to be considered preserved.”); Chiu v. Wells Fargo Bank,

N.A., 242 So. 3d 461, 463 (Fla. 3d DCA 2018) (“Generally, in order to raise

an issue on appeal, it must be presented to the trial court, and the specific

legal argument or ground to be argued on appeal must be part of that

presentation.”) (quotation omitted). See also Gen. Tool Indus., Inc. v.

Premier Mach., Inc., 790 So. 2d 449, 452 (Fla. 3d DCA 2001) (enforcing

limitation of liability clause which barred recovery for “incidental or

consequential damages for lost profits”).