III LLC ACO LLC ACO LLC v. LLC LLC (2024)

District Court of Appeal of Florida, Fifth District.

Louis C. Morgenier, III, Healthcare Development Partners of America, LLC f/k/a/ Healthcare Development Partners, Inc., a Florida limited liability company, and Citrus County ACO, LLC, d/b/a Citrus ACO, LLC, a Florida limited liability company, Petitioners, v. J. Dickert Population Health Services LLC and A. Dickert Population Health Services LLC, Respondents.

Case No. 5D2023-2105

Decided: June 21, 2024

Houston S. Park III, Andrew M. Feldman, Christopher J. Fraga, and Charles G. Short, of Klein Park & Lowe, P.L., Miami, for Petitioners. Kirk S. Davis, and Mark J. Bernet, Tampa, and Diane G. DeWolf, B.C.S., Tallahassee, of Akerman LLP, for Respondents.

Petitioners have failed to include in their appendices any record materials showing that they raised before the trial court the claim, premised on section 456.057, Florida Statutes, that they now pursue in their petition. “Florida courts agree that a petitioner cannot raise in a petition for writ of certiorari a ground that was not raised below.” Firstservice Residential Fla., Inc. v. Rodriguez, 261 So. 3d 674, 676 (Fla. 5th DCA 2018). Given their apparent failure to raise their claim below, their petition is due to be denied. Our denial shall not be construed to otherwise pass on the merits of the petition.

Petition Denied.

Per Curiam.

Makar, Kilbane, and Pratt, JJ., concur.

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