TERESA AGUILAR, ETC., APPELLANT(S),

v.

WESTCHESTER GENERAL HOSPITAL, INC., ET AL., APPELLEE(S)

Citator

Cited By (13 total)

• Roth v. Cohen, 941 So. 2d 496 (Fla. 3d DCA 2006)
  …l must be part of that presentation if it is to be considered preserved.’ ” Archer v. State, 613 So. 2d 446, 448 (Fla.1993); Vacation Beach, Inc. v. Charles Boyd Const., Inc., 906 So. 2d 374 (Fla. 5th DCA 2005); Parlier v. Eagle-Picher Indus., Inc., 622 So. 2d 479 (Fla. 5th DCA 1993). Because Cohen did not raise this argument before the trial court, the issue was not preserved and is, therefore, not properly before this Court. Even if Cohen had preserved this issue, however, it would not avoid reversal, as C…
• Buckeye Check Cashing, Inc. v. Cardegna, 824 So. 2d 228 (Fla. 4th DCA 2002)
  …hat at the hearing before the trial court, Appellees did not argue that the arbitration provision was unconscionable. Accordingly, the issue of unconscionability is not properly before this court for review. See Parlier v. Eagle-Picher Indus., Inc., 622 So. 2d 479 (Fla. 5th DCA 1993). The trial court denied Appellant’s motion to compel arbitration, relying on Party Yards, Inc. v. Templeton, 751 So. 2d 121 (Fla. 5th DCA 2000), and FastFunding v. Betts, 758 So. 2d 1143 (Fla. 5th DCA 2000). Appellant contends t…
• Vacation Beach, Inc. v. Charles Boyd Constr., Inc., 906 So. 2d 374 (Fla. 5th DCA 2005)
  …argument does not appear to have been argued below, and instead is made for the first time in the answer brief. In fairness to the opposing party and trial judge, we would ordinarily not consider this issue. See Parlier v. Eagle-Picker Indus., Inc., 622 So. 2d 479 (Fla. 5th DCA 1993). We address it here, however, to make clear our holding. Qubty involved a brokerage contract containing an arbitration clause that was attacked based on fraud in the inducement. This court held that a claim of fraud in the induc…