CARLOS ZEPEDA
v.
CITIZEN PROPERTY INSURANCE CORPORATION
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An issue is not preserved for appellate review unless it is presented to the lower court with the specific legal argument or ground to be argued on appeal as part of that presentation.
[1] An issue is not preserved for appellate review unless the party presents the issue to the trial court and includes the specific legal argument or ground to be raised on a…
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.”
The court stated the standard for issue preservation in Florida appellate practice.
Zepeda filed a declaratory relief action against Citizens Property Insurance Corporation. The circuit court granted Citizens' motion to dismiss the ac…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CARLOS ZEPEDA, Appellant,
v.
CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.
No. 4D2024-3296
[May 20, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Luis Delgado, Jr., Judge; L.T. Case No. 502024CA000783XXXAMB.
Scott James Edwards of Scott J. Edwards, P.A., Boca Raton, and Vyacheslav Borshchukov of Vyacheslav Borshchukov, P.A., Fort Lauderdale, for appellant.
David Thayer Burr and Christopher Ryan Jones of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for appellee.
PER CURIAM.
We affirm the circuit court's final order granting the defendant's motion to dismiss the plaintiff's declaratory relief action with prejudice. “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.” Sunset Harbour Condo. Ass’n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005); Doorbal v. State, 983 So. 2d 464, 492 (Fla. 2008); Archer v. State, 613 So. 2d 446, 448 (Fla. 1993). Because the issue was not preserved, we cannot reach the merits.
Affirmed.
LEVINE, CONNER and SHEPHERD, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Archer v. State, 613 So. 2d 446 (Fla. 1993)
- Doorbal v. State, 983 So. 2d 464 (Fla. 2008)