Carlos M. Gonzalez v. Universal Property & Casualty Insurance Company

• Court: District Court of Appeal of Florida
• Decided: September 4, 2024
• Docket: 3D2023-0742
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 4, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-742 Lower Tribunal No. 21-23102 ________________

Carlos M. Gonzalez, Appellant,

vs.

Universal Property & Casualty Insurance Company, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Property Litigation Group PLLC and Melissa Duran (Miramar), for appellant.

Link & Rockenbach, PA., and Kara Rockenbach Link and David A. Noel (West Palm Beach), for appellee.

Before FERNANDEZ, MILLER and LOBREE, JJ.

PER CURIAM. Affirmed. See Estate of Herrera v. Berlo Indus., Inc., 840 So. 2d 272,

273 (Fla. 3d DCA 2003) (“[I]ssues not presented in the trial court cannot be

raised for the first time on appeal.”); Aris v. Applebaum, 184 So. 3d 633 (Fla.

3d DCA 2016) (holding party who believes error has not been cured by

court’s actions must contemporaneously move for mistrial in order to

preserve issue for later consideration of motion for new trial); Rohrback v.

Dauer, 528 So. 2d 1362 (Fla. 3d DCA 1988) (finding no abuse of discretion

when trial court is unconvinced that counsel’s remarks were so egregious as

to interfere with essential justice of result).