Cesar Ortega v. Grisell Verania Sotolongo
CourtDistrict Court of Appeal of Florida
Date FiledNovember 5, 2026
Docket3D2025-2366
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed November 5, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-2366
Lower Tribunal No. 23-4226-FC-04
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Cesar Ortega,
Appellant,
vs.
Grisell Verania Sotolongo,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Angélica D. Zayas, Judge.
Schwartz Sladkus Reich Greenberg Atlas LLP, and Robin Bresky, and
Jonathan Mann (Boca Raton), for appellant.
Kevin Coyle Colbert, for appellee.
Before FERNANDEZ, GOODEN and REBULL, JJ.
PER CURIAM.
Affirmed. See Hahamovitch v. Hahamovitch, 133 So. 3d 1008, 1010,
1012 (Fla. 4th DCA 2014), approved, 174 So. 3d 983 (Fla. 2015) (“A trial
court's decision to uphold an antenuptial agreement must be supported by
competent, substantial evidence. . . [the] trial court’s interpretation of a
prenuptial agreement [however] is reviewed de novo.”); Crupi v. Crupi, 784
So. 2d 611, 612 (Fla. 5th DCA 2001) (“There are two separate grounds for
invalidating pre/post-nuptial agreements. The first deals with fraud, duress,
coercion, misrepresentation or overreaching. The second is unfairness.”
(citation modified)); Belcher v. Belcher, 271 So. 2d 7, 9 (Fla. 1972) (“[T]here
is a vast difference between a contract made in the market place and one
relating to the institution of marriage.”); see generally Hjortaas v. McCabe,
656 So. 2d 168, 170-71 (Fla. 2d DCA 1995) (a lump sum payment and some
knowledge of the defending spouse’s wealth, without the “financial
sophistication” to understand that wealth, is not enough to survive a
challenge to the prenuptial agreement); Baker v. Baker, 394 So. 2d 465, 468
(Fla. 4th DCA 1981) (The “fact that [the challenging spouse] was
unrepresented by counsel, only underscores the necessity for full
compliance with the fiduciary responsibilities inherent in the marital
relationship.”).
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