BILL SEIDLE AIRCRAFT SALES & SERVICES, INC., APPELLANT,
v.
HERROL W. BELLOMY AND AGNES E. BELLOMY, AS TRUSTEES OF HERROL W. BELLOMY TRUST AGREEMENT DATED DECEMBER 15, 1987, AS AMENDED; AGNES E. BELLOMY, AND HERROL W. BELLOMY AS TRUSTEES OF AGNES E. BELLOMY TRUST AGREEMENT DATED DECEMBER 15, 1987, AS AMENDED; HERROL W. BELLOMY, AGNES E. BELLOMY, INDIVIDUALLY; AND, CHARLES A. LAWSON, APPELLEES
BILL SEIDLE AIRCRAFT SALES & SERVICES, INC., APPELLANT,
HERROL W. BELLOMY AND AGNES E. BELLOMY, AS TRUSTEES OF HERROL W. BELLOMY TRUST AGREEMENT DATED DECEMBER 15, 1987, AS AMENDED; AGNES E. BELLOMY, AND HERROL W. BELLOMY AS TRUSTEES OF AGNES E. BELLOMY TRUST AGREEMENT DATED DECEMBER 15, 1987, AS AMENDED; HERROL W. BELLOMY, AGNES E. BELLOMY, INDIVIDUALLY; AND, CHARLES A. LAWSON, APPELLEES
782 So. 2d 449
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant, Bill Seidle Aircraft Sales & Services, Inc., plaintiff below, appeals an adverse summary judgment in its rescission action against the appellees. We affirm where the record affirmatively discloses that the appellant has abandoned its argument made in opposition to the motion before the trial court and now raises a new argument for the first time on appeal. See Dade County School Board v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla.1999); Wildwood Properties, Inc. v. Archer of Vero Beach, Inc., 621 So. 2d 691, 692 (Fla. 4th DCA 1993) (an argument not presented to the trial court in opposition to a motion for summary judgment may not be raised in an appeal of that summary judgment.).
Affirmed.
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BAL Harbour Vill. v. Welsh, 879 So. 2d 1265 (Fla. 3d DCA 2004)…llage who lawfully owned more than two dogs when the Ordinance was enacted. This argument, however, was never advanced to the trial court and, as such, has been waived for purposes of appeal. See Bill Seidle Aircraft Sales & Servs., Inc. v. Bellomy, 782 So. 2d 449 (Fla. 3d DCA 2001) (citing Dade County Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla.1999) and Wildwood Props., Inc. v. Archer of Vero Beach, Inc., 621 So. 2d 691, 692 (Fla. 4th DCA 1993)). Even if this argument wasn’t foreclosed on this…
Authorities Cited
- Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
- Wildwood Props., Inc. v. Archer OF Vero Beach, Inc., 621 So. 2d 691 (Fla. 4th DCA 1993)