IRMA MARTINEZ
v.
CITY OF MIAMI

Fla. 3d DCA | 2025-02-26
No. 3D2023-1426
49 Fla. L. Weekly D2385 2025 FL 1806 Florida District Court of Appeal, Third District (2025) Positive Treatment
Cited by 2 cases

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Holding

A party must raise any challenge to the trial court's failure to make required findings of fact in a motion for rehearing to preserve the issue for appeal.


Headnotes

[1] A challenge to a trial court's failure to make required findings of fact must be raised in a motion for rehearing under Florida Rule of Civil Procedure 1.530(a) to be pre…

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Facts & Procedural History

Irma Martinez appealed a decision from the Circuit Court for Miami-Dade County against the City of Miami.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Fla. R. Civ. P. 1.530(a) (“To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final judgment, a party must raise that issue in a motion for rehearing under this rule.”); Hardison v. Bank of N.Y. Mellon, 49 Fla. L. Weekly

D2385 (Fla. 3d DCA Nov. 27, 2024); see also Arguelles v. Citizens Prop.

Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019) (“[W]e review a denial of a motion for rehearing under an abuse of discretion standard.”); Mane FL

Corp. v. Beckman, 355 So. 3d 418, 430 (Fla. 4th DCA 2023) (“There was no abuse of discretion in the trial court's determination ‘that a counter-

affidavit presented for the first time on rehearing of a summary judgment is too late.’” (citing to Pangilinan v. Broward Cnty., 914 So. 2d 1094, 1097 (Fla4th DCA 2005))).


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Citator

Cited By

  • Martinez v. City of Miami, 49 Fla. L. Weekly D2385 (Fla. 3d DCA 2025)
    …ekly D2385 (Fla. 3d DCA Nov. 27, 2024); see also Arguelles v. Citizens Prop. Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019) (“[W]e review a denial of a motion for rehearing under an abuse of discretion standard.”); Mane FL Corp. v. Beckman, 355 So. 3d 418, 430 (Fla. 4th DCA 2023) (“There was no abuse of discretion in the trial court's determination ‘that a counteraffidavit presented for the first time on rehearing of a summary judgment is too late.’” (citing to Pangilinan v. Broward Cnty., 914 So.…

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