RADIC v. NATIONSTAR MORTGAGE LLC (2020)

District Court of Appeal of Florida, Fifth District.

Peter RADIC and Beatrice Radic, Appellants, v. NATIONSTAR MORTGAGE, LLC and Admiral Pointe Homeowners Association, Inc., Appellees.

Case No. 5D19-2968

Decided: December 01, 2020

Beau Bowin, Bowin Law Group, Indialantic, for Appellants. William P. Heller, Akerman LLP, Fort Lauderdale, Eric M. Levine, Akerman LLP, West Palm Beach, and Nancy M. Wallace, Akerman LLP, Tallahassee, for Appellee Nationstar Mortgage, LLC. No Appearance for Remaining Appellee.

AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”); GNB, Inc. v. United Danco Batteries, Inc., 627 So. 2d 492, 493 (Fla. 2d DCA 1993) (“As an appellate court, it is not our function to reweigh the evidence but, rather, to view the record to determine if it contains competent and substantial evidence to support the conclusions of the trier of fact.”); Cousins v. Post-Newsweek Stations Fla., Inc., 275 So. 3d 674, 679 (Fla. 3d DCA 2019) (“By failing to timely and specifically raise the issue in the pleadings, a defendant waives the argument that a claimant did not meet a condition precedent.”).

PER CURIAM.

COHEN, LAMBERT, and HARRIS, JJ., concur.

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