# Vorbeck v. Betancourt

> District Court of Appeal of Florida · December 26, 2012 · 107 So. 3d 1142

URL: https://www.frixlaw.com/law-library/cases/4798534

## Case

- **Full name:** Maria Pia Dalmau VORBECK v. Diego BETANCOURT
- **Court:** District Court of Appeal of Florida
- **Decided:** December 26, 2012
- **Citations:** 107 So. 3d 1142; 2012 Fla. App. LEXIS 22013; 2012 WL 6681995
- **Precedential status:** Published
- **Opinion:** Concurrence by Shepherd
- **Judges:** Logue, Rothenberg, Shepherd
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4798534

## How later opinions describe it (automated extraction)

- 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 ra…
- 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

## Opinion text

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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4798534. Public record. Not legal advice.