FOUNDATION FLOORING, LLC v. JAMES REICHARD and FADER REICHARD

• Court: District Court of Appeal of Florida
• Decided: March 17, 2021
• Docket: 20-1154
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

FOUNDATION FLOORING, LLC, Appellant,

v.

JAMES REICHARD and FADER REICHARD, Appellees.

No. 4D20-1154

[March 17, 2021]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE-17- 000864.

Peter Ticktin, Michael Vater and Emily B. Chatzky of The Ticktin Law Group, Deerfield Beach, for appellant.

John J. Shahady of Shahady & Wurtenberger, P.A., Fort Lauderdale, for appellee Fader Reichard.

PER CURIAM.

Affirmed. See Gaffney v. Gaffney, 965 So. 2d 1217, 1221–22 (Fla. 4th DCA 2007) (a trial court does not abuse its discretion when it declines to consider matters raised for the first time in a rehearing motion); Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269, 278 (Fla. 1st DCA 2012) (trial judges have the authority, but are not required, to consider new issues that are presented for the first time on rehearing); see also Plantation Gen. Hosp. Ltd. P’ship v. Div. of Admin. Hearings, 243 So. 3d 985, 993 (Fla. 4th DCA 2018) (an appellate court will not consider an argument raised for the first time in a motion for rehearing at the trial level, as it was not properly preserved for appeal); Bennett v. Deutsche Bank Nat’l Tr. Co., 124 So. 3d 320, 321 (Fla. 4th DCA 2013) (same).

WARNER, DAMOORGIAN and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.