Marta De Leon v. Fiordaliza Bustamante

• Court: District Court of Appeal of Florida
• Decided: January 2, 2025
• Docket: 3D2023-1911
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 2, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1911 Lower Tribunal No. 23-15265 ________________

Marta De Leon, Appellant,

vs.

Fiordaliza Bustamante, Appellee.

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

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant.

Legon, Fodiman & Sudduth, P.A., and William F. Rhodes, for appellee.

Before LINDSEY, BOKOR and GOODEN, JJ.

PER CURIAM.

Affirmed. See United Brands, S.A. v. Diageo Dominicana, S.R.L., 209

So. 3d 67, 68–9 (Fla. 3d DCA 2016) (affirming the issuance of an anti-suit injunction against the defendant who initiated litigation against the plaintiff in

the Dominican Republic despite an agreement executed by the parties which

stated that litigation may only be brought in Miami-Dade County, Florida);

see also Rich v. Narog, 366 So. 3d 1111, 1118 (Fla. 3d DCA 2022)

(“Specifically, it is incumbent upon the nonmoving party to come forward with

evidentiary material demonstrating that a genuine issue of fact exists as to

an element necessary for the non-movant to prevail at trial.”).