Elitex Program, LLC v. Partners and Friends Group, LLC

• Court: District Court of Appeal of Florida
• Decided: January 15, 2025
• Docket: 3D2023-1284
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 15, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1284 Lower Tribunal No. 19-4947 ________________

Elitex Program LLC, et al., Appellants,

vs.

Partners and Friends Group, LLC, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge.

EPGD Attorneys at Law, P.A., and Andrea Natale and Oscar A. Gomez, for appellants.

Sanchez Vadillo, LLP, and Maria L. Larrabure, for appellees.

Before LOGUE, C.J., and SCALES and LOBREE, JJ.

PER CURIAM.

Affirmed. See Fla. R. Civ. P. 1.510(c)(1)(A) (“A party asserting that a

fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record, including depositions,

documents, electronically stored information, affidavits or declarations,

stipulations (including those made for purposes of the motion only),

admissions, interrogatory answers, or other materials[.]”); Fla. R. Civ. P.

1.510(c)(4) (“An affidavit or declaration used to support or oppose a motion

must be made on personal knowledge, set out facts that would be admissible

in evidence, and show that the affiant or declarant is competent to testify on

the matters stated.”); Mejia v. Jurich, 781 So. 2d 1175, 1177 (Fla. 3d DCA

2001) (“An action for fraud generally may not be predicated on statements

of opinion or promises of future action, but rather must be based on a

statement concerning a past or existing fact.”); Fision Corp. v. Frueh, 369

So. 3d 1211, 1217 (Fla. 2d DCA 2023) (“[T]rial courts need not grant

rehearing when the movant raises a new argument that could have, and

should have, been raised prior to entry of summary judgment.”).