TUNG v. REPUBLIC OF TRINIDAD AND TOBAGO (2025)

District Court of Appeal of Florida, Third District.

Brian Kuei TUNG, et al., Appellants, v. The REPUBLIC OF TRINIDAD AND TOBAGO, et al., Appellees.

No. 3D23-887

Decided: September 10, 2025

Before LOGUE, GORDO and LOBREE, JJ.

Law Office of Michael Garcia Petit, P.A., and Michael Garcia Petit (Miramar), for appellants. White & Case LLP, and Raoul G. Cantero and James N. Robinson and Ryan A. Ulloa and Wyatt R. Smith (New York, NY), for appellees.

Appellant Brian Kuei Tung is unable to obtain review for most of the issues he presents on appeal because his pleadings were struck before trial as a sanction for his personal failure to comply with court orders to submit to a deposition. Tung v. Republic of Trinidad & Tobago, 314 So. 3d 603 (Fla. 3d DCA 2020). Appellant Raul Gutierrez waived many of the points he raises on appeal by failing to raise them in opposing summary judgment. Desvarieux v. Bridgestone Retail Operations, LLC, 300 So. 3d 723, 729 (Fla. 3d DCA 2020) (party failed to preserve issue for review as he never mentioned the claim in his response to the opposing party's motion for summary judgment). The remaining issues raised we affirm without discussion.

Affirmed.

I concur for the reasons stated in my concurring opinion in Ferguson v. Republic of Trinidad & Tobago, No. 3D23-0880, ––– So.3d ––––, 2025 WL 2608816 (Fla. 3d DCA Sept. 10, 2025).

PER CURIAM.

GORDO, J., concurs.

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