BOAZ LEVY
v.
SHOSANIT LEVY

Fla. 3d DCA | 2021-06-23
No. 21-0481
Raum
Florida District Court of Appeal, Third District (2021)

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Holding

An appellant waives a claim that the trial court erred in failing to conduct an evidentiary hearing when the appellant attended the hearing, had an opportunity to be heard, and failed to object to its non-evidentiary nature.


Headnotes

[1] A party waives a challenge to the trial court's failure to hold an evidentiary hearing by attending the hearing, having an opportunity to be heard, and failing to object…

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Facts & Procedural History

Boaz Levy appealed a decision from the Miami-Dade Circuit Court, contending the trial court erred by failing to conduct an evidentiary hearing before …

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Opinion of the Court

PER CURIAM.

Affirmed. See Obregon v. Rosana Corp., 232 So. 3d 1100 (Fla. 3d DCA 2017) (holding appellant waived claim that trial court erred in failing to conduct an evidentiary hearing, where appellant attended hearing, had an opportunity to be heard, and failed to object to the non-evidentiary nature of the hearing); In re F.J.G.M., 196 So. 3d 534 (Fla. 3d DCA 2016) (observing that because appellant did not object to the trial court’s failure to conduct an evidentiary hearing, the issue was not preserved for appellate review); NRD Invs., Inc. v. Velazquez, 976 So. 2d 1 (Fla. 3d DCA 2007) (affirming trial court’s entry of temporary injunction and holding that, because appellant never objected to the non-evidentiary nature of the hearings held in the trial court, appellant waived the issue for appeal); Piloto v. Lauria, 45 So. 3d 565 (Fla. 4th DCA 2010) (holding appellant’s claim that the trial court erred in not conducting an evidentiary hearing before ruling on issue was not preserved for review, where appellant failed to request the trial court hold an evidentiary hearing); Dismas Charities, Inc. v. Dabbs, 795 So. 2d 1038 (Fla. 4th DCA 2001) (same).


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