BURKE CONSTRUCTION GROUP, INC.
v.
1170 SUPERMARKET, LLC, ETC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court's judgment is affirmed because its findings of fact are supported by competent, substantial evidence and the contract's unambiguous terms must be enforced according to their plain language.
[1] A trial court's findings of fact rendered after a bench trial are reviewed to ensure they are supported by competent, substantial evidence, while the trial court's legal…
[2] The trial court has wide discretion in evaluating the credibility of witnesses and the weight given their testimony.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where a contract is unambiguous, it shall be enforced according to its plain language. In such a situation, the trial court must confine itself to the four corners of the contract, because the language itself is the best evidence of the parties' intent, and its plain meaning controls.”
Charbonier Food Servs., LLC v. 121 Alhambra Tower, LLC, 206 So. 3d 755, 758 (Fla. 3d DCA 2016)
Burke Construction Group brought an action against 1170 Supermarket, LLC in Miami-Dade County Circuit Court. The trial court conducted a bench trial a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Breach Of Contract cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed May 6, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-0544
Lower Tribunal No. 20-1764-CA-01
Burke Construction Group, Inc.,
Appellant,
vs.
1170 Supermarket, LLC, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz,
Judge.
Elder & Lewis, P.A., and David R. Elder and Kerry H. Lewis, for appellant.
Agentis PLLC, and Javier J. Rodriguez and Izabella Mojica, for appellee.
Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
Affirmed. See Haas Automation, Inc. v. Fox, 243 So. 3d 1017, 1023 (Fla. 3d DCA 2018) (“We review a judgment rendered after a bench trial to ensure that the trial court's findings of fact are supported by competent,
substantial evidence. We review the trial court's purely legal conclusions de novo.") (citations omitted); Marsh v. Marsh, 419 So. 2d 629, 630 (Fla. 1982) ("The credibility of the witnesses and the weight given their testimony,
however, is a question for the trial court.”); Martin v. Martin, 43 So. 3d 195,
196 (Fla. 4th DCA 2010) (“The trial court has wide discretion in evaluating the credibility of evidence and witnesses."); see also Lefemine v. Baron, 573
So. 2d 326, 328 (Fla. 1991) (“It is well settled that in Florida the parties to a contract may stipulate in advance to an amount to be paid or retained as liquidated damages in the event of a breach.”); Charbonier Food Servs., LLC v. 121 Alhambra Tower, LLC, 206 So. 3d 755, 758 (Fla. 3d DCA 2016) ("Where a contract is unambiguous, it shall be enforced according to its plain language. In such a situation, the trial court must confine itself to the four corners of the contract, because the language itself is the best evidence of the parties' intent, and its plain meaning controls.") (citation omitted).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marsh v. Laurel J. Ising Marsh, 419 So. 2d 629 (Fla. 1982)
- Haas Automation, Inc. v. FOX, 243 So. 3d 1017 (Fla. 3d DCA 2018)
- Charbonier Food Servs., LLC v. 121 Alhambra Tower, LLC, 206 So. 3d 755 (Fla. 3d DCA 2016)
- Martin v. Martin, 43 So. 3d 195 (Fla. 4th DCA 2010)