OLIMPIA HEALTH SYSTEMS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
PREFERRED CARE PARTNERS HOLDING CORP.; FINLAY PHYSICIAN GROUP, INC.; PALM SPRINGS MILE ASSOCIATES, LTD.; AND PREFERRED CARE PARTNERS MEDICAL GROUP, INC., APPELLEES

Fla. 3d DCA | 2010-10-27
No. 3D09-2220
Before GERSTEN, SHEPHERD, and CORTINAS, JJ.
46 So. 3d 1110 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

As the party alleging fraud, it was the appellant’s burden to prove it by substantial evidence. Tischler v. Robinson, 79 Fla. 638, 84 So. 914 (1920); Volusia County Bank v. Bigelow, 45 Fla. 638, 33 So. 704 (1903). Here, the trial court “weighted] the testimony presented to it with due consideration being given to the particular circumstances surrounding the conveyances under attack. The court’s findings of fact and conclusions of law come to us with a presumption of correctness and will not be disturbed unless they are clearly erroneous.” Scott v. Dansby, 334 So.2d 331, 333 (Fla. 1st DCA 1976). We find no reversible error in the trial court’s ruling.

Affirmed.

GERSTEN and CORTINAS, JJ., concur.

SHEPHERD, J.,

dissenting.

I dissent.

Dissent
SHEPHERD, J.,

SHEPHERD, J.,

dissenting.

I dissent.

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