Alejandro Videla v. Hitomi Ogino
CourtDistrict Court of Appeal of Florida
Date FiledAugust 13, 2026
Docket3D2025-2494
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 13, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-2494
Lower Tribunal No. 19-3921-FC-04
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Alejandro Videla,
Appellant,
vs.
Hitomi Ogino,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Denise
Martinez-Scanziani, Judge.
Alejandro Videla, in proper person.
No appearance, for appellee.
Before SCALES, C.J., and LINDSEY and BOKOR, JJ.
PER CURIAM.
Affirmed. See Hess v. Hess, 290 So. 3d 512, 518 (Fla. 2d DCA 2019)
(βRule 12.540(b) allows a trial court to relieve a party from a final judgment
on grounds of newly discovered evidence, which by due diligence could not
have been discovered in time to move for a new trial or rehearing.β);
Shlimbaum v. Shlimbaum, 394 So. 3d 1157, 1161 (Fla. 4th DCA 2024)
(β[M]otions filed under rule 12.540(b) are governed by the body of law
applicable to rule 1.540(b).β (quotation omitted)); Brooks v. Brooks, 340 So.
3d 543, 545 (Fla. 3d DCA 2022) (β[T]his Court generally reviews an order
denying a rule 1.540[(b)] motion for abuse of discretion . . . .β); Milgen Dev.,
Inc. v. Goodman, 302 So. 2d 491, 493 (Fla. 3d DCA 1974) (β[T]he motion
was properly denied because the letter would have no material difference in
the outcome of the case. . . . [I]nasmuch as it does not appear that the
evidence is such as will probably change the result if a new trial is granted,
denial of the motion was correct.β).
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