WILLIAM J. NOONAN, APPELLANT,
v.
GARY MICHAEL SNIPES, APPELLEE

Fla. 2d DCA | 1990-11-21
No. 90-00900
SCHOONOVER, C.J., and RYDER and LEHAN, JJ., concur.
569 So. 2d 1381 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 9 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s petition for adoption of appellee’s sixteen-year-old son who is appellant’s stepson.

Appellant contends in his brief that the trial court’s ruling was against the manifest weight of the evidence. However, that contention is not directed to the applicable standard of appellate review in this context, which is whether there was substantial, competent evidence to support the trial court’s ruling. See Tsavaris v. NCNB National Bank of Florida, 497 So. 2d 1338 (Fla. 2d DCA 1986).

While there was substantial, competent evidence in support of the petition, there was also substantial, competent evidence otherwise which supported the trial court’s ruling. Under these circumstances an appellate court is not entitled to reweigh the evidence which was already weighed by the trial court. See DSA Group, Inc. v. Gonzalez, 555 So. 2d 1234 (Fla. 2d DCA 1989); Tsavaris.

Affirmed.

SCHOONOVER, C.J., and RYDER and LEHAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • In re Adoption OF K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014)
    …ation of parental rights, such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support”). We review a judgment of adoption for substantial, competent evidence. Noonan v. Snipes, 569 So. 2d 1381, 1381 (Fla. 2d DCA 1990). • Here, the trial court dismissed Grandmother’s petition because it “[did] not find by clear and convincing evidence that the father’s parental rights should be terminated pending adoption by the paternal grandmother.” Gra…
  • Mahmoud Ismail Ayyash v. Ayyash, 700 So. 2d 752 (Fla. 5th DCA 1997)
    …of these two children to be placed temporarily with their mother rather than to be placed with their father. This conclusion is reached by violating the most basic rule of an appellate court — wholesale reweighing of the evidence. Noonan v. Snipes, 569 So. 2d 1381 (Fla. 2d DCA 1990); Crain & Crouse, Inc. v. Palm Bay Towers Corp., 326 So. 2d 182 (Fla.1976); Clegg v. Chipola Aviation, Inc., 458 So. 2d 1186 (Fla. 1st DCA 1984). The fact that this is accomplished by placing facts on different sides of a ledger sh…
  • AGC Risk Mgmt. Grp., Inc. v. Orozco, 635 So. 2d 1034 (Fla. 3d DCA 1994)
    …A 1991). The trial judge, sitting as the factfinder, determined that proper amount was $750,000. This finding is supported by competent, substantial evidence and an appellate court is therefore not entitled to reweigh the evidence. Noonan v. Snipes, 569 So. 2d 1381 (Fla. 2d DCA 1990). Affirmed. . Section 440.39(3)(a) provides a means for a workers’ compensation carrier to recoup funds it has paid to a claimant when that claimant successfully sues a third-party tortfeasor. The statute provides that a carrier…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw