MARLEN ADALGIZA ROMANA PALOMEQUE
v.
IN RE: EUDORO CARVAJAL IBANEZ, ET AL.
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This is an affirmed decision by the Third District Court of Appeal reviewing a trial court's evidentiary rulings and factual findings in what appears to be a civil probate or estate matter. The court upheld the lower court's judgment based on the established standard that trial courts are in the best position to evaluate witness credibility and weigh evidence.
The appellate court affirmed the trial court's judgment, concluding that the trial court did not abuse its discretion in its evidentiary rulings and that the judgment was supported by competent, substantial evidence.
[1] Evidentiary rulings by a trial court are reviewed for an abuse of discretion.
[2] An appellate court defers to a trial court's evaluation and weighing of testimony and evidence based on its observation of witness demeanor and credibility.
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Join FLexlaw to unlock all legal intelligence“It is clear that the function of the trial court is to evaluate and weigh the testimony and evidence based upon its observation of the bearing, demeanor and credibility of the witnesses appearing in the cause. It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the testimony and evidence from the record on appeal before it.”
Establishes the fundamental principle that trial courts, not appellate courts, are the proper evaluators of witness credibility and evidence weight.
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Join FLexlaw to unlock all legal intelligenceThe case involves Marlen Adalgiza Romana Palomeque as appellant against multiple appellees including Mireya Carvajal Daza, Islen Carvajal Daza, Ayda A…
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PER CURIAM.
Affirmed. See Salazar v. State, 991 So. 2d 364 (Fla. 2008) (trial court's evidentiary rulings on admission or exclusion of evidence are reviewed for an abuse of discretion); Mesa v. Citizens Prop. Ins. Corp., 358 So. 3d 452 (Fla. 3d DCA 2023) (same).
See also Shaw v. Shaw, 334 So. 2d 13, 16 (Fla. 1976) (“It is clear that the function of the trial court is to evaluate and weigh the testimony and evidence based upon its observation of the bearing, demeanor and credibility of the witnesses appearing in the cause. It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the testimony and evidence from the record on appeal before it. The test . . . is whether the judgment of the trial court is supported by competent evidence. Subject to the appellate court's right to reject 'inherently incredible and improbable testimony or evidence,' it is not the prerogative of an appellate court, upon a de novo consideration of the record, to substitute its judgment for that of the trial court.") (footnote omitted); Mario's Enterps. Painting & Wallcovering, Inc. v. Veitia Padron Inc., 52 So. 3d 819, 821 (Fla. 3d DCA 2011) (“When a decision in a non-jury trial is based on findings of fact from disputed evidence, it is reviewed on appeal for competent, substantial evidence. It is well-established that 'the trial judge is in the best position 'to evaluate and weigh the testimony and evidence based upon its observation of the bearing, demeanor, and credibility of the witnesses.'") (quoting In re Estate of Sterile, 902 So. 2d 915, 922 (Fla. 2d DCA 2005)) (additional quotations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- In re Estate QF Jean M. Sterile. Melissa Pierre v. Yvette M. Trelles ad Litem for Samuel Sterile and Lucner Sterile, 902 So. 2d 915 (Fla. 2d DCA 2005)
- Mario's Enters. Painting & Wallcovering, Inc. v. Veitia Padron Inc., 52 So. 3d 819 (Fla. 3d DCA 2011)