Nataly Riera Garcia v. Discover Bank

• Court: District Court of Appeal of Florida
• Decided: March 4, 2026
• Docket: 3D2025-1205
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 4, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1205 Lower Tribunal No. 24-58035-SP-25 ________________

Nataly Riera Garcia, Appellant,

vs.

Discover Bank, Appellee.

An Appeal from a non-final order from the County Court for Miami- Dade County, Patricia Marino-Pedraza, Judge.

Nataly Riera Garcia, in proper person.

Zwicker & Associates, P.C., and Zoran D. Jovanovich (Deerfield Beach), for appellee.

Before EMAS, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See Noel v. James B. Nutter & Co., 232 So. 3d 1112, 1115 (Fla. 3d DCA 2017) (“The denial of a motion for relief from final judgment

under Florida Rule of Civil Procedure 1.540(b) is reviewed for an abuse of

discretion.”); Bank of New York Mellon v. Simpson, 227 So. 3d 669, 670 (Fla.

3d DCA 2017) (“Rule 1.540(b) does not have as its purpose or intent the

reopening of lawsuits to allow parties to state new claims or offer new

evidence omitted by oversight or inadvertence.”); City of Miami v. Fraternal

Ord. of Police Lodge #20, 248 So. 3d 273, 276 (Fla. 3d DCA 2018)

(“Arbitration is a matter of contract. An arbitrator’s authority to conduct an

arbitration and the issue(s) to be arbitrated are granted and limited by the

operative document(s) in question or by agreement of the parties

themselves.”); Parkhomchuck v. AIY, Inc., 338 So. 3d 397, 400 (Fla. 3d DCA

2022) (“[W]here the allegations of a rule 1.540(b) motion do not give rise to

a right to relief, an evidentiary hearing on those allegations is not required.”

(quoting Cottrell v. Taylor, Bean & Whitaker Mortg. Corp., 198 So. 3d 688,

691 (Fla. 2d DCA 2016))).