KITCHENS BY DESIGN, INC., F/K/A REED KITCHENS BY DESIGNS, INC., APPELLANT,
v.
SHIRLEY CONFINO, APPELLEE

Fla. 3d DCA | 1997-02-12
No. 95-3612
Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.
687 So. 2d 364 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff-appellee Shirley Confino filed an action against appellant Kitchens by Design, Inc. for breach of contract. Kitchens defended the action, in part, on the basis that Confino entered into the contract as an unlicensed interior designer whose contracts are unenforceable as a matter of law. On appeal, Kitchens now argues that Confino was acting as an unlicensed contractor, and the trial court erred in entering judgment on the contract in Confino’s favor. We affirm the final judgment under review as the record does not reflect that the specific claim of error made on appeal was argued and presented to the lower court. See 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.”). In any event, it appears the services provided by the appellee were exempt from the applicable licensing requirements when they were rendered. § 481.203(8), Fla. Stat. (Supp.1994); § 481.229(1)(b), Fla. Stat. (Supp.1994).

Affirmed.


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  • …cause any alleged error was not preserved. Chaiken v. Lewis, 754 So. 2d 118, 118 (Fla. 3d DCA 2000) (holding that a party that acquiesced to a trial court determination did not preserve the issue for appellate review); Kitchens By Design v. Confino, 687 So. 2d 364, 365 (Fla. 3d DCA 1997) ("We affirm the final judgment under review as the record does not reflect that the specific claim of error made on appeal was argued and presented to the lower court."). Affirmed.…

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