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KMS RESTAURANT CORP. v. SEARCY DENNEY SCAROLA BARNHART

Citation: Not availableDocket: 16-3664

Court: District Court of Appeal of Florida; July 27, 2017; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

KMS Restaurant Corp. appealed a decision from the Circuit Court of Palm Beach County concerning a case involving Katzman Wasserman Bennardini, Rubinstein, P.A., and individual defendants Steven M. Katzman and Craig Rubinstein. The District Court of Appeal of Florida, Fourth District, upheld the lower court's ruling, affirming the decision without further elaboration. The case was presided over by Judge Thomas H. Barkdull, III. The appeal was represented by Frederick J. Keitel, III for the appellant and Andrew J. Marchese for the appellees. The court noted that the decision is not final until any timely filed motion for rehearing is resolved.

Legal Issues Addressed

Appellate Review of Lower Court Decisions

Application: The District Court of Appeal reviewed the decision of the Circuit Court and affirmed it without further elaboration, indicating that the lower court's ruling was upheld as correct.

Reasoning: The District Court of Appeal of Florida, Fourth District, upheld the lower court's ruling, affirming the decision without further elaboration.

Finality of Appellate Decisions

Application: The decision of the appellate court is not considered final until any motions for rehearing are addressed, ensuring all procedural opportunities are exhausted.

Reasoning: The court noted that the decision is not final until any timely filed motion for rehearing is resolved.