FIGA v. Joseph and Jacqulyn RichardsoN, Appellees. (2025)

District Court of Appeal of Florida, First District.

Florida Insurance Guaranty Association (FIGA), Appellant, v. Joseph and Jacqulyn RichardsoN, Appellees.

No. 1D2024-0796

Decided: November 12, 2025

Dorothy DiFiore of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for Appellant. Chelsea T. Silvia of GED Lawyers, LLP, Boca Raton, for Appellees.

Affirmed. See Chipchak v. Gauvin, 393 So. 3d 277, 279 (Fla. 5th DCA 2024) (holding that because the appellant withdrew an otherwise meritorious motion to set aside a judgment, he waived that argument); see also Pisano v. Mayo Clinic Fla., 333 So. 3d 782, 788 (Fla. 1st DCA 2022) (holding that because the appellants withdrew their motion for rehearing where new arguments could be raised, those arguments were not preserved for appeal); and see Agency for Health Care Admin. v. Orlando Reg'l Healthcare Sys., Inc., 617 So. 2d 385, 389 (Fla. 1st DCA 1993) (“It is basic that an appeal asserting error on the part of a lower tribunal can only be based on evidence presented to that lower tribunal.”).

Per Curiam.

Ray, Kelsey, and Long, JJ., concur.

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