Aura Elizabeth Cubillos v. Alfredo Velasquez
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 26, 2020
Docket3D19-0733
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed February 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-0733
Lower Tribunal No. 16-20090
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Aura Elizabeth Cubillos,
Appellant,
vs.
Alfredo Velasquez,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, Ivonne Cuesta,
Judge.
Ivan A. Guerrero LLC, and Ivan A. Guerrero, for appellant.
Alfredo Velasquez, in proper person.
Before LOGUE, SCALES, and MILLER, JJ.
PER CURIAM.
Affirmed. See Popper v. Popper, 595 So. 2d 100, 102-03 (Fla. 5th DCA 1992)
(“When the out-of-state decree is one entered by the court of a foreign nation rather
than a state or territory of the United States, the Florida court has discretion as to
whether to recognize it and give it effect—a matter of ‘comity.’”) (citations omitted);
§ 61.0401(3), Fla. Stat. (2019) (“A judgment or order of a court of a foreign country
is not entitled to comity if the parties were not given adequate notice and the
opportunity to be heard, the foreign court did not have jurisdiction, or the judgment
or order of the foreign court offends the public policy of this state.”); see also
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
(“Without a record of the . . . proceedings, the appellate court can not properly
resolve the underlying factual issues so as to conclude that the trial court’s judgment
is not supported by the evidence or by an alternative theory.”); Gawker Media, LLC
v. Bollea, 170 So. 3d 125, 130 (Fla. 2d DCA 2015) (“[A]ppellate courts have held
that a party waived its objection to an order setting trial . . . [when] the appellant
agreed to a . . . trial date, participated in trial, and made no objection to any deviation
from [Florida] [R]ule [of Civil Procedure] 1.440.”) (citations omitted).
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