CARLOS M. GONZALEZ
v.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY

Fla. 3d DCA | 2024-09-04
No. 2023-0742
Fernandez, J., Miller, J., Lobree, J., Thomas, J.
2024 FL 10698 Florida District Court of Appeal, Third District (2024)

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Holding

Issues not presented in the trial court cannot be raised for the first time on appeal, and a party must contemporaneously move for mistrial to preserve claims of trial court error.

Headnotes

[1] Issues not presented in the trial court cannot be raised for the first time on appeal.

[2] A party who believes trial court error has occurred must contemporaneously move for mistrial in order to preserve the issue for consideration on appeal.

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Facts & Procedural History

Carlos M. Gonzalez appealed a judgment from the Circuit Court for Miami-Dade County in a case against Universal Property & Casualty Insurance Company.…

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Topics
Contemporaneous Objection Rule Preservation Of Issues For Appeal Abuse Of Discretion (Standard Of Review) Abuse Of Discretion

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed September 4, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-742 Lower Tribunal No. 21-23102 ________________

Carlos M. Gonzalez, Appellant,

vs.

Universal Property & Casualty Insurance Company, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Property Litigation Group PLLC and Melissa Duran (Miramar), for appellant.

Link & Rockenbach, PA., and Kara Rockenbach Link and David A. Noel (West Palm Beach), for appellee.

Before FERNANDEZ, MILLER and LOBREE, JJ.

PER CURIAM.

Footnotes
2 Affirmed. See Estate of Herrera v. Berlo Indus., Inc., 840 So. 2d 272, 273 (Fla. 3d DCA 2003) (“[I]ssues not presented in the trial court cannot be raised for the first time on appeal.”); Aris v. Applebaum, 184 So. 3d 633 (Fla. 3d DCA 2016) (holding party who believes error has not been cured by court’s actions must contemporaneously move for mistrial in order to preserve issue for later consideration of motion for new trial); Rohrback v. Dauer, 528 So. 2d 1362 (Fla. 3d DCA 1988) (finding no abuse of discretion when trial court is unconvinced that counsel’s remarks were so egregious as to interfere with essential justice of result).

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