Opinion
No. 2D08-940.
June 4, 2008.
Appeal from nonfinal order of the Circuit Court for Lee County; Lynn Gerald, Jr., Judge.
Steven Carta of Henderson Carta, Fort Myers, for Intervenor/Appellant. Rosemary A. Baitson, Fort Myers, for Appellant. James L. Goetz of James L. Goetz, P.A., Fort Myers, for Appellee. Page 2
Affirmed. See Gupton v. Village Key Saw Shop, Inc., 656 So. 2d 475, 478 (Fla. 1995) (noting rule that party who invites error cannot successfully complain on appeal about such error); Phillips v. Acacia Mut. Life Ins. Co., 168 So. 34, 35 (Fla. 1936) ("The rule is general. that any defenses in behalf of either party are waived by stipulation and consent for a final decree."); Muina v. Canning, 717 So. 2d 550, 553-54 (Fla. 1st DCA 1998) (relying on Gupton for invited error doctrine); Sierra v. Public Health Trust of Dade County, 661 So. 2d 1296, 1298 (Fla. 3d DCA 1995) ("A [party] may not ask for a particular ruling and then complain about that same ruling on appeal."). DAVIS, CANADY, and LaROSE, JJ., Concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.