MITCHELL
v.
LEMIEUX
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An appellate court cannot reweigh evidence considered by the trial court but may only decide whether competent, substantial evidence exists to support the trial court's decision.
[1] An appellate court reviewing a trial court's decision may not reweigh the evidence but may only determine whether competent, substantial evidence exists to support the tr…
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Join FLexlaw to unlock all legal intelligence“appellate court cannot reweigh evidence considered by trial court; instead, appellate court can only decide whether competent, substantial evidence exists to support trial court's decision”
Court's statement of the applicable standard of review
Robert H. Mitchell, Jr., as personal representative of the estate of Robert H. Mitchell, appealed a circuit court decision involving disputes with Joh…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ROBERT H. MITCHELL, JR.,
AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROBERT H. MITCHELL,
Appellant,
v. Case No. 5D17-1585
JOHN E. LEMIEUX, INDIVIDUALLY,
AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF CURTIS F. MITCHELL
AND AS TRUSTEE OF THE CURTIS F.
MITCHELL LIVING TRUST, RICHARD F.
MITCHELL AND JANET MITCHELL WILSON,
Appellees.
________________________________/
Opinion filed August 10, 2018
Appeal from the Circuit Court for Seminole County, Melissa Souto, Judge.
Michael Kangas, of BaumannKangas Estate Law, Tampa, for Appellant.
Patrick A. McGee, of McGee & Powers, P.A., Orlando, for Appellee, John E. Lemieux, Individually, as Personal Representative of the Estate of Curtis F. Mitchell and as Trustee of the Curtis F. Mitchell Living Trust. No Appearance for other Appellees.
2
PER CURIAM.
AFFIRMED. See Richardson v. Everbank, 152 So. 3d 1282, 1287-88 (Fla. 4th DCA 2015) (holding appellate court cannot reweigh evidence considered by trial court; instead, appellate court can only decide whether competent, substantial evidence exists to support trial court’s decision).
PALMER and ORFINGER, JJ., and MUNYON, L.T., Associate Judge, concur.