ELITEX PROGRAM LLC v. PARTNERS AND FRIENDS GROUP LLC (2025)

Affirmed. See Fla. R. Civ. P. 1.510(c)(1)(A) (“A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials[.]”); Fla. R. Civ. P. 1.510(c)(4) (“An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.”); Mejia v. Jurich, 781 So. 2d 1175, 1177 (Fla. 3d DCA 2001) (“An action for fraud generally may not be predicated on statements of opinion or promises of future action, but rather must be based on a statement concerning a past or existing fact.”); Fision Corp. v. Frueh, 369 So. 3d 1211, 1217 (Fla. 2d DCA 2023) (“[T]rial courts need not grant rehearing when the movant raises a new argument that could have, and should have, been raised prior to entry of summary judgment.”).

PER CURIAM.