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Fidelity Brokerage Services v. Cook

District Court of Appeal of Florida, Fourth District
Jan 22, 1991
572 So. 2d 6 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-2836.

December 19, 1990. Rehearing Denied January 22, 1991.

Appeal from the Circuit Court for Palm Beach County, Mary E. Lupo, J.

John T. Longino of Merrill Pollack and Longino, P.A., Coral Gables, for appellant.

James S. Telepman of Murphy Reid Pilotte Ross, P.A., Palm Beach, for appellee.


AFFIRMED. We agree with the appellee that there is no merit to appellant's claims and that the appellant waived virtually all of the claims now raised on appeal by not timely or properly raising such claims in the trial court. See Affiliated Marketing, Inc. v. Dyco Chemicals Coatings, Inc., 340 So.2d 1240 (Fla. 2d DCA 1976). For example, it is apparent from the name of the brokerage account involved that the appellant was aware from the very beginning of these proceedings that the appellee was a judge in the circuit where the action was filed, yet appellant waited to near the end of the proceedings, and then by an improper "motion to change venue," to question the authority of the court to preside over the proceedings to confirm an arbitration award. We find no error or abuse of discretion in any of the trial court's actions.

ANSTEAD, DELL and POLEN, JJ., concur.


Summaries of

Fidelity Brokerage Services v. Cook

District Court of Appeal of Florida, Fourth District
Jan 22, 1991
572 So. 2d 6 (Fla. Dist. Ct. App. 1991)
Case details for

Fidelity Brokerage Services v. Cook

Case Details

Full title:FIDELITY BROKERAGE SERVICES, INC., APPELLANT, v. JACK H. COOK, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 22, 1991

Citations

572 So. 2d 6 (Fla. Dist. Ct. App. 1991)

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