FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA)
v.
JOSEPH AND JACQULYN RICHARDSON

Fla. 1st DCA | 2025-11-12
No. 2024-0796
2025 FL 10515 Florida District Court of Appeal, First District (2025)

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Synopsis

FIGA appealed a lower court decision but withdrew its motion to set aside the judgment, thereby waiving its arguments on appeal. The First District Court of Appeal affirmed the lower court's decision, holding that withdrawal of an otherwise meritorious motion constitutes waiver of the associated arguments.


Holding

FIGA waived its arguments for appeal by withdrawing an otherwise meritorious motion to set aside the judgment. An appeal asserting error can only be based on evidence presented to the lower tribunal.


Key Quotes

“because the appellant withdrew an otherwise meritorious motion to set aside a judgment, he waived that argument”

Establishes that withdrawal of a motion results in waiver of associated arguments on appeal

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Facts & Procedural History

The specific factual circumstances are not detailed in this per curiam opinion. The case involves FIGA as appellant and Joseph and Jacqulyn Richardson…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

No. 1D2024-0796

FLORIDA INSURANCE GUARANTY

ASSOCIATION (FIGA),

Appellant,

v. JOSEPH and JACQULYN RICHARDSON,

Appellees.

On appeal from the Circuit Court for Escambia County. Amy P. Brodersen, Judge.

November 12, 2025

PER CURIAM.

AFFIRMED. See Chipchak v. Gauvin, 393 So. 3d 277, 279 (Fla. 5th DCA 2024) (holding that because the appellant withdrew an otherwise meritorious motion to set aside a judgment, he waived that argument); see also Pisano v. Mayo Clinic Fla., 333 So. 3d 782, 788 (Fla. 1st DCA 2022) (holding that because the appellants withdrew their motion for rehearing where new arguments could be raised, those arguments were not preserved for appeal); and see Agency for Health Care Admin. v. Orlando Reg’l Healthcare Sys., Inc., 617 So. 2d 385, 389 (Fla. 1st DCA 1993) (“It is basic that an appeal asserting error on the part of a lower tribunal can only be based on evidence presented to that lower tribunal.”).

2

RAY, KELSEY, and LONG, JJ., concur.


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