DEMSKI v. LOYD (2024)

District Court of Appeal of Florida, Sixth District.

Jeffery DEMSKI, Appellant, v. Joseph LOYD and Kimberly Loyd, Appellees.

Case No. 6D2023-2705

Decided: September 06, 2024

Andrea Flynn Mogensen, of Law Office of Andrea Flyn Mogensen, P.A., Sarasota, for Appellant. Michael P. Haymans, of Michael P. Haymans Attorney at Law, P.A., Punta Gorda, for Appellees.

AFFIRMED. See Ager v. Berger, 326 So. 3d 1190, 1191 (Fla. 5th DCA 2021) (a district court is not bound by a party's confession of error); Fla. R. Civ. P. 1.490(i) (“The parties may file exceptions to the report within 10 days after it is served․ If no exceptions are timely filed, the court shall take appropriate action on the report.”); Garrison v. PHH Mortg. Corp., 298 So. 3d 116, 118 (Fla. 1st DCA 2020) (“The consequence of not filing exceptions is a failure to preserve the issue for appellate review.”); Gatchell v. Kryvosheia, 370 So. 3d 374, 376 (Fla. 5th DCA 2023) (“Failure to file exceptions constituted failure to preserve issues for appeal.”).

PER CURIAM.

WHITE, MIZE and GANNAM, JJ., concur.

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