PETER RADIC AND BEATRICE RADIC
v.
NATIONSTAR MORTGAGE, LLC AND ADMIRAL POINTE HOMEOWNERS ASSOCIATION, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court's decision is affirmed because appellants failed to meet their burden of demonstrating error on appeal.
[1] A party waives an argument that a claimant failed to meet a condition precedent by failing to timely and specifically raise the issue in the pleadings.
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“By failing to timely and specifically raise the issue in the pleadings, a defendant waives the argument that a claimant did not meet a condition precedent.”
Court's citation to Cousins v. Post-Newsweek Stations Fla., Inc., explaining the waiver doctrine applicable to appellants' arguments.
Peter and Beatrice Radic appealed a circuit court decision involving claims against Nationstar Mortgage, LLC and Admiral Pointe Homeowners Association…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Condition Precedent cases and more on FLexlaw
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
PETER RADIC AND BEATRICE
RADIC,
Appellants,
v. Case No. 5D19-2968
NATIONSTAR MORTGAGE, LLC AND
ADMIRAL POINTE HOMEOWNERS
ASSOCIATION, INC.,
Appellees.
________________________________/
Opinion filed December 1, 2020
Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge.
Beau Bowin, Bowin Law Group, Indialantic, for Appellants.
William P. Heller, Akerman LLP, Fort Lauderdale, Eric M. Levine, Akerman LLP, West Palm Beach, and Nancy M. Wallace, Akerman LLP, Tallahassee, for Appellee Nationstar Mortgage, LLC.
No Appearance for Remaining Appellee.
PER CURIAM.
AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”); GNB, Inc. v. United
2
Danco Batteries, Inc., 627 So. 2d 492, 493 (Fla. 2d DCA 1993) (“As an appellate court, it is not our function to reweigh the evidence but, rather, to view the record to determine if it contains competent and substantial evidence to support the conclusions of the trier of fact.”); Cousins v. Post-Newsweek Stations Fla., Inc., 275 So. 3d 674, 679 (Fla. 3d DCA 2019) (“By failing to timely and specifically raise the issue in the pleadings, a defendant waives the argument that a claimant did not meet a condition precedent.”).
COHEN, LAMBERT, and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Somma v. Metra Elecs. Corp., 727 So. 2d 302 (Fla. 5th DCA 1999)
- State v. In the Interest of M.J., 627 So. 2d 492 (Fla. 3d DCA 1993)
- Cousins v. Post-Newsweek Stations Florida, 275 So. 3d 674 (Fla. 3d DCA 2019)