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LSN PROPERTIES LLC v. OTERO (2021)

District Court of Appeal of Florida, Third District.2021-11-24No. No. 3D21-1407

Summary

Holding. Affirmed.

The court upheld the lower court's judgment in this dispute between LSN Properties LLC and Otero. The opinion emphasizes that a party challenging a summary judgment decision must present concrete evidence of genuine factual disputes rather than relying on speculation or doubt. The court further notes that parties must properly preserve legal arguments at the trial court level if they wish to raise those issues on appeal.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Standards for opposing summary judgment motions
  • Burden of proof in identifying disputed material facts
  • Preservation of legal arguments for appellate review

Procedural posture

An appeal from a lower court judgment, with the appellate court reviewing the adequacy of the opposing party's response to a summary judgment motion.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Affirmed. LaCourse v. Def. Support Services LLC, No. 3:16CV170-RV/HTC, 2019 WL 8165261, at *2 (N.D. Fla. Aug. 29, 2019) (“In opposing summary judgment, the non-movant ‘must do more than simply show that there is some metaphysical doubt as to the material facts.’ ” (quoting Transcon. Gas Pipe Line Co., LLC v. 6.04 Acres, More or Less, Over Parcel(s) of Land of Approximately 1.21 Acres, More or Less, Situated in Land Lot 1049, 910 F.3d 1130, 1154 (11th Cir. 2018))); Id. at *3 (“[A] party opposing summary judgment must point to specific portions in the record where evidence of a genuine disputed issue of fact can be found.”); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial courts judgment is not supported by the evidence or by an alternative theory.”); Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321, 325 (Fla. 1st DCA 2011) (“ ‘In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved.’ ” (quoting Sunset Harbour Condo. Assn v. Robbins, 914 So. 2d 925, 928 (Fla. 2005))).

PER CURIAM.