Legal Opinion

Jackson Padgett and Mark Negrete v. Wilton Place, LLC, Dennis Bellehumeur, Garrison Smith and Gat Bar, Inc.

District Court of Appeal of Florida

Decided May 4, 2016No. 4D15-4835Published

1Per curiam

We affirm the order denying appellants’ motion to vacate final judgment. After having been provided an opportunity to do so, appellants have failed to provide a sufficient record or to overcome the presumption of correctness in the trial court’s ruling. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150- (Fla.1979).

In addition, we agree that appellants’ arguments could not be raised in a rule 1.540 motion to vacate as they were waived by the failure to assert them prior to final judgment. See Bank of N.Y. Mellon v. Condo. Ass’n of La Mer Estates, Inc., 175 So.3d 282, 285 (Fla.2015); MCR…

2Cases cited3 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. MCR FUNDING v. CMG Funding Corp.District Court of Appeal of Florida · 2000
  3. The Bank of New York Mellon, etc. v. Condominium Association of La Mer Estates, Inc.Supreme Court of Florida · 2015

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