BERTHA FERTIL
v.
UNIVERSITY OF MIAMI, ETC., ET AL.
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Issues not presented to the trial court with specific legal arguments cannot be raised for the first time on appeal.
[1] An issue cannot be raised for the first time on appeal unless it was presented to the trial court with the specific legal argument or ground to be argued on appeal as par…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“in order to raise an issue on appeal, it must be presented to the trial court, and the specific legal argument or ground to be argued on appeal must be part of that presentation.”
Citation to Gables Insurance Recovery, Inc. v. Citizens Property Insurance Corp., explaining the requirement for issue preservation
Bertha Fertil appealed a final summary judgment entered against her in favor of the University of Miami and other defendants in Miami-Dade County Circ…
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Third District Court of Appeal State of Florida
Opinion filed August 14, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0616 Lower Tribunal No. 17-17351 ________________
Bertha Fertil, Appellant,
vs.
University of Miami, etc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.
Beck & Lee, P.A., and Jared H. Beck and Elizabeth Lee Beck, for appellant.
Wicker Smith O'Hara McCoy & Ford, P.A., and Jessica L. Gross and Leslie A. McCormick, for appellees.
Before SCALES, MILLER and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Fertil v. Univ. of Miami, 48 Fla. L. Weekly D2338a (Fla. 3d DCA Dec. 13, 2023) (affirming final summary judgment against Fertil and in favor of defendants below); see also Taufer v. Wells Fargo Bank, N.A., 278 So. 3d 335, 337 (Fla. 3d DCA 2019) (“The appellants did not raise the issue below and cannot raise it for the first time on appeal. Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp., 261 So. 3d 613, 620 (Fla. 3d DCA 2018) (“[I]n order to raise an issue on appeal, it must be presented to the trial court, and the specific legal argument or ground to be argued on appeal must be part of that presentation.” (quotation omitted)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp., 261 So. 3d 613 (Fla. 3d DCA 2018)
- Taufer v. Wells Fargo Bank, N.A., 278 So. 3d 335 (Fla. 3d DCA 2019)