MOTOR WERKS, LLC
v.
MOTO WERKS, LLC
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An issue is not preserved for appeal unless it is presented to the trial court with the specific legal argument or ground to be argued on appeal.
[1] An issue is not preserved for appellate review unless it is presented to the trial court with the specific legal argument or ground intended to be raised on appeal.
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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.”
Court citing Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005)
Motor Werks appealed a trial court's amended order requiring it to pay arrears to Moto Werks. Motor Werks argued on appeal that Moto Werks recovered t…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MOTOR WERKS, LLC,
Appellant,
v. Case No. 5D19-2252
MOTO WERKS, LLC,
Appellee.
________________________________/
Opinion filed March 27, 2020
Nonfinal Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge.
David A. Baker and Mark A. Cavins, of Law Office of David A. Baker, P.A., Rockledge, for Appellant.
Charles Allen Schillinger, of Schillinger & Coleman, P.A., Melbourne, for Appellee.
PER CURIAM.
Motor Werks, LLC (“Motor”), appeals the trial court’s amended order requiring it to pay arrears to Moto Werks, LLC (“MWerks”). On appeal, Motor argues that MWerks recovered twice for the same debt. Following a review of the record, we conclude that Motor failed to present that argument below. Thus, this issue is not preserved for appeal. Sunset Harbour Condo. Ass’n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005) (“In order to be preserved for further review by a higher court, an issue must be presented to the lower
AFFIRMED.
ORFINGER, COHEN and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- Sunset Harbour Condo. Ass'n v. Robbins, 914 So. 2d 925 (Fla. 2005)