Opinion

Vorbeck v. Betancourt

  • 107 So. 3d 1142
  • 2012 Fla. App. LEXIS 22013
  • 2012 WL 6681995
Court
District Court of Appeal of Florida
Filed
Dec 26, 2012
Status
Published
Author
Shepherd
On the bench
Logue, Rothenberg, Shepherd
Cited by
24 cases

finding that the plaintiffs failed to preserve for appellate review the trial court’s dismissal of their complaint with prejudice where the plaintiffs did not object to the court’s oral ruling, seek leave to amend the complaint, or file a motion for rehearing or reconsideration

How later courts described this case

  • finding that the plaintiffs failed to preserve for appellate review the trial court’s dismissal of their complaint with prejudice where the plaintiffs did not object to the court’s oral ruling, seek leave to amend the complaint, or file a motion for rehearing or reconsideration
  • noting that “the rule of preservation applies to the improper dismissal of a complaint with prejudice” and holding that the appellant waived a challenge to an unrequested dismissal with prejudice when the appellant never requested leave to amend the complaint and “failed to raise any issue at the trial level with respect to the improper dismissal with prejudice”
  • holding appellants failed to preserve issue on appeal by both “fail[ing] to contemporaneously object” or, alternatively, “not fil[ing] a motion for rehearing . . . after the order of dismissal was entered”
  • affirming dismissal with prejudice because appellants had not argued below that dismissal should be without prejudice

Written by the judges who cited it.

The opinion

SHEPHERD, J.,

concurring.

I write only to clarify that my reading of the majority opinion does not prohibit the Vorbecks from maintaining a separate substantive cause of action against Diego Be-tancourt. See § 608.4101(2), Fla. Stat. (2012)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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