Common Wealth Trust Services, LLC, as Trustee of the 0 Polk Parkway Land Trust v. Polk County, a political subdivision of the State of Florida

Summary

The Sixth District Court of Appeal of Florida affirmed the circuit court's order in favor of Polk County. The court held, citing Florida appellate authority, that an alleged error appearing for the first time on the face of an order must be raised through a motion for rehearing or another appropriate motion to be preserved for appeal.

Holdings

1. When a court's error appears for the first time on the face of a final order, the party must alert the trial court to the error through a motion for rehearing or another appropriate motion in order to preserve the issue for appellate review.

Questions Presented

1. Whether an alleged error appearing for the first time on the face of the circuit court's final order was preserved for appellate review without the filing of a motion for rehearing or other appropriate motion.

Disposition

affirmed