Brendan Forbes, Inc. v. Megnutt Enterprises, Inc.

• Court: District Court of Appeal of Florida
• Decided: January 22, 2025
• Docket: 3D2023-1067
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 22, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1067 Lower Tribunal No. 22-3460 ________________

Brendan Forbes, Inc., Appellant,

vs.

Megnutt Enterprises, Inc., et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.

The Williams Law Group, and Andrew Williams, for appellant.

Law Offices of Alan I. Karten, PLLC, and Alan I. Karten (Boynton Beach), for appellees.

Before EMAS, FERNANDEZ and BOKOR, JJ.

PER CURIAM. Affirmed. See Aills v. Boemi, 29 So. 3d 1105, 1108 (Fla. 2010) (holding

that error not raised in the trial court is generally not preserved for appellate

review); Deutsche Bank Nat’l Tr. Co. v. Avila-Gonzalez, 164 So. 3d 90, 93

(Fla. 3d DCA 2015) (explaining that a hearing pursuant to Kozel v. Ostendorf,

629 So. 2d 817 (Fla. 1993), is not necessary where the sanction is based on

the acts of the litigant and not the litigant’s counsel); Mercer v. Raine, 443

So. 2d 944, 946 (Fla. 1983) (“[T]o justify reversal [of a discretionary decision

refusing to excuse noncompliance with court rules], it would have to be

shown on appeal that the trial court clearly erred in its interpretation of the

facts and the use of its judgment and not merely that the court, or another

fact-finder, might have made a different factual determination.”); Schroeder

v. MTGLQ Invs., L.P., 290 So. 3d 93, 95 (Fla. 4th DCA 2020) (holding that it

is appellant’s burden on appeal to present record evidence demonstrating a

trial court’s reversible error); Mora v. State, 964 So. 2d 881, 883 (Fla. 3d

DCA 2007) (explaining that a party cannot invite error and then complain of

it on appeal).