JONATHAN LABRADA,
v.
THE STATE OF FLORIDA,

Fla. 3d DCA | 2021-09-29
No. 21-0566
Areces, J., Logue, J., Scales, J., Lindsey, J.
Florida District Court of Appeal, Third District (2021)

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Holding

An appellant cannot succeed on an argument that has already been rejected by both the trial court and the appellate court in a prior proceeding.


Facts & Procedural History

Jonathan Labrada appealed from a circuit court decision in Miami-Dade County involving two lower tribunal case numbers. The appellant raised the same …

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Opinion of the Court
Lindsey

Third District Court of Appeal State of Florida

Opinion filed September 29, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-566 Lower Tribunal Nos. F05-14466 & F06-23887 ________________

Jonathan Labrada, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.

O’Brien Hatfield Reese, P.A., and Rachael E. Reese (Tampa), for appellant.

Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Before LOGUE, SCALES and LINDSEY, JJ.

PER CURIAM.

2

The trial court and this Court have previously rejected the exact same argument Appellant is now making. Labrada v. State, 261 So. 3d 537 (Fla. 3d DCA 2018) (table).

Affirmed.


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