News

The 1^st DCA has affirmed the Trial court’s decision for our client, a commercial retailer involved with a breach of contract matter. The appeal, successfully defended by McConnaughhay, Coonrod, et al. attorney, Stephanie Roman Caban, resulted in a Per Curium Affirmance for the Appellee.

Stephanie argued that the trial court’s decision to grant Final Summary Judgment should be affirmed for two reasons: (1) Appellants failed to preserve issues raised on appeal, and (2) no genuine issues of material fact existed such that the trial court erred in granting Final Summary Judgment. Here, Appellants argued that they were entitled to set-offs; however, they never affirmatively plead the same and waived the defense altogether. Appellants also did not timely and contemporaneously object as to the admissibility of Appellee’s Affidavit of Indebtedness and waived their objection on appeal. In addition, the only issues raised by Appellants in their Motion for Rehearing, at the trial level, were issues concerning whether Appellee provided Appellants with adequate notice of the hearing and whether the trial court should have accepted their late filed affidavit. Stephanie successfully argued that the trial court did not abuse its discretion in denying Appellants’ Motion for Rehearing and that the Appellants had ample notice to file any evidence in opposition. She also successfully argued that absent a transcript for the hearing on the motion, the record on appeal was inadequate to demonstrate reversible error. The 1st DCA issued a per curiam opinion affirming the trial court’s order awarding our client damages.

Well Done Stephanie!