FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA)
v.
JOSEPH AND JACQULYN RICHARDSON
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FIGA appealed a lower court decision but withdrew its motion to set aside the judgment, thereby waiving its arguments on appeal. The First District Court of Appeal affirmed the lower court's decision, holding that withdrawal of an otherwise meritorious motion constitutes waiver of the associated arguments.
FIGA waived its arguments for appeal by withdrawing an otherwise meritorious motion to set aside the judgment. An appeal asserting error can only be based on evidence presented to the lower tribunal.
“because the appellant withdrew an otherwise meritorious motion to set aside a judgment, he waived that argument”
Establishes that withdrawal of a motion results in waiver of associated arguments on appeal
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2024-0796
FLORIDA INSURANCE GUARANTY
ASSOCIATION (FIGA),
Appellant,
v. JOSEPH and JACQULYN RICHARDSON,
Appellees.
On appeal from the Circuit Court for Escambia County. Amy P. Brodersen, Judge.
November 12, 2025
PER CURIAM.
AFFIRMED. See Chipchak v. Gauvin, 393 So. 3d 277, 279 (Fla. 5th DCA 2024) (holding that because the appellant withdrew an otherwise meritorious motion to set aside a judgment, he waived that argument); see also Pisano v. Mayo Clinic Fla., 333 So. 3d 782, 788 (Fla. 1st DCA 2022) (holding that because the appellants withdrew their motion for rehearing where new arguments could be raised, those arguments were not preserved for appeal); and see Agency for Health Care Admin. v. Orlando Reg’l Healthcare Sys., Inc., 617 So. 2d 385, 389 (Fla. 1st DCA 1993) (“It is basic that an appeal asserting error on the part of a lower tribunal can only be based on evidence presented to that lower tribunal.”).
2
RAY, KELSEY, and LONG, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Agency FOR Health Care Admin. v. Orlando Reg'l Healthcare Sys., Inc., 617 So. 2d 385 (Fla. 1st DCA 1993)
- Pisano v. Mayo Clinic Fla., 333 So. 3d 782 (Fla. 1st DCA 2022)