FOUNDATION FLOORING LLC v. REICHARD (2021)

District Court of Appeal of Florida, Fourth District.

FOUNDATION FLOORING, LLC, Appellant, v. James REICHARD and Fader Reichard, Appellees.

No. 4D20-1154

Decided: March 17, 2021

Peter Ticktin, Michael Vater and Emily B. Chatzky of The Ticktin Law Group, Deerfield Beach, for appellant. John J. Shahady of Shahady & Wurtenberger, P.A., Fort Lauderdale, for appellee Fader Reichard.

Affirmed. See Gaffney v. Gaffney, 965 So. 2d 1217, 1221–22 (Fla. 4th DCA 2007) (a trial court does not abuse its discretion when it declines to consider matters raised for the first time in a rehearing motion); Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269, 278 (Fla. 1st DCA 2012) (trial judges have the authority, but are not required, to consider new issues that are presented for the first time on rehearing); see also Plantation Gen. Hosp. Ltd. P'ship v. Div. of Admin. Hearings, 243 So. 3d 985, 993 (Fla. 4th DCA 2018) (an appellate court will not consider an argument raised for the first time in a motion for rehearing at the trial level, as it was not properly preserved for appeal); Bennett v. Deutsche Bank Nat'l Tr. Co., 124 So. 3d 320, 321 (Fla. 4th DCA 2013) (same).

Per Curiam.

Warner, Damoorgian and Forst, JJ., concur.

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