Natalia Carolinni Souza De Sa v. Star Blue Corporation
CourtDistrict Court of Appeal of Florida
Date FiledAugust 6, 2026
Docket3D2025-1661
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 6, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-1661
Lower Tribunal No. 23-2696-CA-01
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Natalia Carolinni Souza de Sa,
Appellant,
vs.
Star Blue Corporation,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M.
Rodriguez, Judge.
Natalia Carolinni Souza de Sa, in proper person.
Fowler White Burnett, P.A., and Esther E. Galicia, for appellee.
Before GORDO, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Rusniaczek v. Tableau Fine Art Group, Inc., 139 So. 3d
355, 357–58 (Fla. 3d DCA 2014) (“In order to warrant an evidentiary hearing,
a rule 1.540(b)(3) motion must specify the essential facts of the purported
fraud and not merely assert legal conclusions. The purpose of this specificity
requirement is to permit the court to determine whether the movant has made
a prima facie showing which would justify relief from judgment, and is not
merely rehashing matters explored at trial.”) (citations omitted); Hembd v.
Dauria, 859 So. 2d 1238, 1240 (Fla. 4th DCA 2003) (“To obtain a hearing on
her rule 1.540(b)(3) motion, the law required Hembd to demonstrate a prima
facie case of fraud, not just nibble at the edges of the concept.”); see also
Sierra by Sierra v. Pub. Health Tr. of Dade Cnty., 661 So. 2d 1296, 1298
(Fla. 3d DCA 1995) (“An appellate court is reactive; it can only review
asserted errors made by lower tribunals such as courts and administrative
agencies. Appellate courts may not decide issues that were not ruled on by
a trial court in the first instance.”).
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