Burd v. Adams, Personal Representative of the Estate of Ronald Adams, Jr.

• Court: District Court of Appeal of Florida
• Decided: September 24, 2025
• Docket: 1D2023-0158
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2023-0158 _____________________________

GLENN A. BURD,

Appellant,

v.

GEMMA ADAMS, personal representative of the estate of Ronald Adams, Jr.,

Appellee. _____________________________

On appeal from the Circuit Court for Suwannee County. David W. Fina, Judge.

September 24, 2025

PER CURIAM.

Appellant raises five issues on appeal, none of which have merit. We affirm Issues II-V without comment. In Issue I, Appellant argues the trial court applied the incorrect burden of proof to his case. This issue is unpreserved; Appellant neither objected nor filed a motion for rehearing below. See, e.g., Knowlton v. Knowlton, 282 So. 3d 154, 155–56 (Fla. 1st DCA 2019) (citing Credit Counseling Found., Inc. v. Hylkema, 958 So. 2d 1059, 1061 (Fla 4th DCA 2007) (holding that when a party fails to object to the trial court’s assignment of burden of proof and when the party willingly acquiesces to the court’s imposition of burden of proof, the party cannot argue for first time on appeal that the court improperly assigned burden of proof)).

AFFIRMED.

ROBERTS, ROWE, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Michael M. Brownlee of The Brownlee Law Firm, P.A., Orlando, for Appellant.

Bryan S. Gowdy and Dimitrios A. Peteves of Creed & Gowdy, P.A., Jacksonville, for Appellee.