Third District Court of Appeal
State of Florida
Opinion filed November 24, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1407
Lower Tribunal No. 20-27096
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LSN Properties, LLC, et al.,
Appellants,
vs.
Matias Otero,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto
Diaz, Judge.
Becker & Poliakoff, P.A., Jon Polenberg and Yasin Daneshfar (Fort
Lauderdale), for appellants.
Giuliano Law Group, P.A., Nicole W. Giuliano and Douglas J. Giuliano
(Orlando), for appellee.
Before EMAS, LINDSEY and GORDO, JJ.
PER CURIAM.
Affirmed. LaCourse v. Def. Support Services LLC, No. 3:16CV170-
RV/HTC, 2019 WL 8165261, at *2 (N.D. Fla. Aug. 29, 2019) (“In opposing
summary judgment, the non-movant ‘must do more than simply show that
there is some metaphysical doubt as to the material facts.’” (quoting
Transcon. Gas Pipe Line Co., LLC v. 6.04 Acres, More or Less, Over
Parcel(s) of Land of Approximately 1.21 Acres, More or Less, Situated in
Land Lot 1049, 910 F.3d 1130, 1154 (11th Cir. 2018))); Id. at *3 (“[A] party
opposing summary judgment must point to specific portions in the record
where evidence of a genuine disputed issue of fact can be found.”);
Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
(“Without a record of the trial 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.”); Pensacola Beach Pier, Inc. v. King, 66 So. 3d 321, 325 (Fla. 1st
DCA 2011) (“‘In order to be preserved for further review by a higher court,
an issue must be presented to the lower court and the specific legal
argument or ground to be argued on appeal or review must be part of that
presentation if it is to be considered preserved.’” (quoting Sunset Harbour
Condo. Ass’n v. Robbins, 914 So. 2d 925, 928 (Fla. 2005))).
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