Classical & Innovative Designs, Inc. v. BH Developers, LLC

• Court: District Court of Appeal of Florida
• Decided: February 5, 2025
• Docket: 3D2024-0406
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.

No. 3D24-0406 Lower Tribunal No. 14-27158

Classical & Innovative Designs, Inc., Appellant,

vs.

BHC Developers, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Carlos Guzman and Mavel Ruiz, Judges.

Kawel PLLC and Andrew Paul Kawel, for appellant.

Siegfried Rivera and Stuart Sobel; Bennett Aiello Kreines and Jeremy R. Kreines, for appellee.

Before LOGUE, C.J., and FERNANDEZ and MILLER, JJ.

PER CURIAM. Affirmed. See O'Neal v. Darling, 321 So. 3d 309, 113 (Fla. 3d DCA

2021) (citing Better Constr., Inc. v. Camacho Enters., Inc., 311 So. 2d 766,

767 (Fla. 3d DCA 1975)) (“[W]here the judge rendering a final judgment is

not available to hear a motion for new trial or for rehearing, a hearing and

ruling thereon by another or successor judge is not appropriate, . . . the

proper procedure is to seek an appellate review of the judgment.”).