MARCELO CORDEIRO v. MARCELO CASTRO ALVES
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 19, 2020
Docket3D18-2554
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed February 19, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2554
Lower Tribunal No. 13-25618
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Marcelo Cordeiro,
Appellant,
vs.
Marcelo Castro Alves, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz,
Judge.
Meland Russin & Budwick, P.A., and Eric Ostroff, for appellant.
SMGQ Law, and Deborah Baker and Rachel E. Walker, for appellees.
Before LOGUE, HENDON, and GORDO, JJ.
PER CURIAM.
Affirmed. See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla.
3d DCA 2019) (holding “we find no abuse of discretion in the trial court’s denial of
the insureds’ motion for rehearing premised upon new evidence.”); Coffman Realty,
Inc. v. Tosohatchee Game Pres., Inc., 381 So. 2d 1164, 1167 (Fla. 5th DCA 1980)
(“it is not an abuse of discretion for a trial judge to hold that an affidavit filed with a
petition for rehearing is too late”), opinion approved of, 413 So. 2d 1 (Fla. 1982);
see also § 44.104(11), Fla. Stat. (“Factual findings determined in the voluntary trial
are not subject to appeal.”).
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