N.B.
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, ETC.
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Issues not presented to the lower court with specific legal arguments cannot be considered on appeal.
[1] An issue raised for the first time on appeal, without having been presented to the lower tribunal with specific legal arguments, is not preserved for appellate review.
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 be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”
Citing Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985), regarding the requirement to preserve issues for appellate review.
N.B. appealed a decision by the Florida Department of Children and Families. The appeal involved administrative proceedings before the Department.…
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Third District Court of Appeal
State of Florida
Opinion filed September 24, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2253 Lower Tribunal Nos. 1332226159, 24D-00442
N.B., Appellant,
vs.
Florida Department of Children and Families, Appellee.
An Appeal from the State of Florida, Department of Children and Families.
N.B., in proper person.
Rosemarie Lynne Rinaldi, Assistant Regional Legal Counsel, for appellee.
Before MILLER, BOKOR and GOODEN, JJ.
PER CURIAM.
Affirmed. See § 120.68(7), (8), Fla. Stat. (2025); Sunset Harbour Condo. Ass’n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005) (holding that it is "not appropriate for a party to raise an issue for the first time on appeal"); Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985) (“In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.”); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) ("In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925 (Fla. 2005)