BURD
v.
ADAMS, PERSONAL REPRESENTATIVE OF THE ESTATE OF RONALD ADAMS, JR.
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A party cannot raise for the first time on appeal an argument that the trial court improperly assigned the burden of proof when the party failed to object or file a motion for rehearing below.
[1] A party waives the right to challenge the trial court's assignment of burden of proof on appeal when the party fails to object to the assignment or file a motion for rehe…
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Join FLexlaw to unlock all legal intelligence“when a party fails to object to the trial court's assignment of burden of proof and when the party willingly acquiesces to the court's imposition of burden of proof, the party cannot argue for first time on appeal that the court improperly assigned burden of proof”
Court citing Credit Counseling Found., Inc. v. Hylkema, 958 So. 2d 1059, 1061 (Fla 4th DCA 2007)
Glenn A. Burd appealed a circuit court judgment in Suwannee County. Burd raised five issues on appeal, including a challenge to the trial court's appl…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-0158 _____________________________
GLENN A. BURD,
Appellant,
v.
GEMMA ADAMS, personal representative of the estate of Ronald Adams, Jr.,
Appellee. _____________________________
On appeal from the Circuit Court for Suwannee County. David W. Fina, Judge.
September 24, 2025
PER CURIAM.
Appellant raises five issues on appeal, none of which have merit. We affirm Issues II-V without comment. In Issue I, Appellant argues the trial court applied the incorrect burden of proof to his case. This issue is unpreserved; Appellant neither objected nor filed a motion for rehearing below. See, e.g., Knowlton v. Knowlton, 282 So. 3d 154, 155–56 (Fla. 1st DCA 2019) (citing Credit Counseling Found., Inc. v. Hylkema, 958 So. 2d 1059, 1061 (Fla 4th DCA 2007) (holding that when a party fails to object to the trial court’s assignment of burden of proof and when the party willingly acquiesces to the court’s imposition of burden of proof, the
2 party cannot argue for first time on appeal that the court improperly assigned burden of proof)).
AFFIRMED.
ROBERTS, ROWE, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Michael M. Brownlee of The Brownlee Law Firm, P.A., Orlando, for Appellant.
Bryan S. Gowdy and Dimitrios A. Peteves of Creed & Gowdy, P.A., Jacksonville, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Credit Counseling Found., Inc. v. Hylkema, 958 So. 2d 1059 (Fla. 4th DCA 2007)