STERLING MIRROR COMPANY, LLC, etc. v. WALDMAN BARNETT, P.L., etc.

• Court: District Court of Appeal of Florida
• Decided: January 4, 2023
• Docket: 22-0429
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 4, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-429 Lower Tribunal No. 18-14610 ________________

Sterling Mirror Company, LLC, etc., Appellant,

vs.

Waldman Barnett, P.L., etc., Appellee.

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

Charles M. Baron, P.A., and Charles M. Baron (Hollywood), for appellant.

Armstrong Teasdale LLP, and Glen H. Waldman and Marlon J. Weiss, for appellee.

Before EMAS, HENDON and MILLER, JJ.

EMAS, J. Appellant, Sterling Mirror Company, LLC, a former client of Appellee

Waldman Barnett, P.L., appeals the trial court’s order denying its motion to

vacate a final judgment entered against it. Following our review of the record

below, we find no gross abuse of discretion, see Lewis v. Fifth Third Mortg.

Co., 38 So. 3d 157, 160 (Fla. 3d DCA 2010) (noting that a trial court's denial

of a motion to vacate a default final judgment is reviewed for a gross abuse

of discretion); Karan v. Pernia, 343 So. 3d 689, 690 (Fla. 3d DCA 2022), and,

to the extent the order on appeal was premised upon questions of law, see

Emami v. Progressive Brands, Inc., 225 So. 2d 983 (Fla. 3d DCA 2017)

(noting that whether judgment is void is a question of law reviewed de novo),

our de novo review reveals no error by the trial court in those determinations.

See also Sterling Mirror Co. v. Waldman Barnett, P.L., 325 So. 3d 858 (Fla.

3d DCA 2021) (table).

Affirmed.