Ramallah, Inc. v. Brickell Group Construction LLC

• Court: District Court of Appeal of Florida
• Decided: April 1, 2026
• Docket: 3D2025-0217
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 1, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-0217 Lower Tribunal No. 23-24418-CA-01 ________________

Ramallah, Inc., Appellant,

vs.

Brickell Group Construction, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge.

David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); The Law Offices of Eddy O. Marban, and Eddy O. Marban, for appellant.

South Florida Appeals, P.A., and Wm. Allen Bonner, for appellee.

Before GORDO, BOKOR and GOODEN, JJ.

PER CURIAM. Affirmed. See Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985) (“In order

to be preserved for further review by a higher court, an issue must be

presented to the lower court and the specific legal argument or ground to be

argued on appeal or review must be part of that presentation if it is to be

considered preserved.”); Belson v. Miller, 314 So. 3d 525, 527 (Fla. 3d DCA

2020) (“We review a lower court’s ruling on a motion to strike pursuant to

Florida Rule of Civil Procedure 1.150 for abuse of discretion.”); F.V. Constr.

Corp. v. Cmty. Bank of Fla., Inc., 106 So. 3d 1012, 1013 (Fla. 3d DCA 2013)

(“A hearing on a motion to strike a pleading as a sham is not a hearing to

resolve the merits of the issues, but to determine if there are any genuine

issues to be determined.”); Fla. R. Civ. P. 1.130(b) (“Statements in a pleading

may be adopted by reference in a different part of the same pleading, in

another pleading, or in any motion.”).