IRMA MARTINEZ
v.
CITY OF MIAMI

Fla. 3d DCA | 2025-02-26
No. 3D2023-1426
49 Fla. L. Weekly D2385 Florida District Court of Appeal, Third District (2025) Positive Treatment
Also reported at: 355 So. 3d 418
Cited by 10 cases

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Holding

A party must raise any challenge to the trial court's failure to make required findings of fact in a motion for rehearing to preserve the issue for appeal.


Headnotes

[1] A challenge to a trial court's failure to make required findings of fact must be raised in a motion for rehearing under Florida Rule of Civil Procedure 1.530(a) to be pre…

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Facts & Procedural History

Irma Martinez appealed a decision from the Circuit Court for Miami-Dade County against the City of Miami.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Fla. R. Civ. P. 1.530(a) (“To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final judgment, a party must raise that issue in a motion for rehearing under this rule.”); Hardison v. Bank of N.Y. Mellon, 49 Fla. L. Weekly

D2385 (Fla. 3d DCA Nov. 27, 2024); see also Arguelles v. Citizens Prop.

Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019) (“[W]e review a denial of a motion for rehearing under an abuse of discretion standard.”); Mane FL

Corp. v. Beckman, 355 So. 3d 418, 430 (Fla. 4th DCA 2023) (“There was no abuse of discretion in the trial court's determination ‘that a counter-

affidavit presented for the first time on rehearing of a summary judgment is too late.’” (citing to Pangilinan v. Broward Cnty., 914 So. 2d 1094, 1097 (Fla4th DCA 2005))).


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Cited By

  • Martinez v. City of Miami, 49 Fla. L. Weekly D2385 (Fla. 3d DCA 2025)
    …ekly D2385 (Fla. 3d DCA Nov. 27, 2024); see also Arguelles v. Citizens Prop. Ins. Corp., 278 So. 3d 108, 111 (Fla. 3d DCA 2019) (“[W]e review a denial of a motion for rehearing under an abuse of discretion standard.”); Mane FL Corp. v. Beckman, 355 So. 3d 418, 430 (Fla. 4th DCA 2023) (“There was no abuse of discretion in the trial court's determination ‘that a counteraffidavit presented for the first time on rehearing of a summary judgment is too late.’” (citing to Pangilinan v. Broward Cnty., 914 So.…
  • Pellerano v. Renta, 358 So. 3d 806 (Fla. 3d DCA 2023)
    …adings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial’) (quoting Fed. R. Civ. P. 56))”); Mane FL Corp. v. Beckham, 355 So. 3d 418, 425 (Fla. 4th DCA 2023) (“The ‘mere existence of a scintilla of evidence’ is not sufficient to defeat summary judgment.”) (quoting Liberty Lobby, 477 U.S. at 252). See also Ibarra v. Ross Dress for Less, Inc., 350 So. 3d 465, 467-68 (Fla. 3d DC…

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