Narrative Opinion Summary
The case involves Derin Restaurants, LLC (Appellant) appealing a decision against Heritage Square Real Estate, LLC and Joseph Magdalener (Appellees) in the District Court of Appeal of Florida, Second District. The appeal was filed following a ruling from the Circuit Court for Collier County, presided over by Judge James R. Shenko. The opinion, delivered on September 20, 2019, resulted in an affirmation of the lower court's decision. Legal representation for the Appellant was provided by Joseph A. Davidow and Yasser Lakhlifi, while the Appellees were represented by Rachel A. Kerlek. The judges on the panel—Northcutt, Casanueva, and Silberman—unanimously concurred with the ruling. The document notes that the decision is not final until the time to file a rehearing motion expires, or if such a motion is filed, it is determined by the court.
Legal Issues Addressed
Affirmation of Lower Court Decisionsubscribe to see similar legal issues
Application: The appellate court upheld the decision made by the Circuit Court for Collier County, indicating agreement with the lower court's ruling.
Reasoning: The opinion, delivered on September 20, 2019, resulted in an affirmation of the lower court's decision.
Finality of Appellate Decisionssubscribe to see similar legal issues
Application: The decision remains non-final until the period for filing a motion for rehearing has expired or such a motion is resolved.
Reasoning: The document notes that the decision is not final until the time to file a rehearing motion expires, or if such a motion is filed, it is determined by the court.
Unanimous Concurrence by Appellate Judgessubscribe to see similar legal issues
Application: The appellate decision was reached with full agreement from all judges on the panel.
Reasoning: The judges on the panel—Northcutt, Casanueva, and Silberman—unanimously concurred with the ruling.