NEGRON
v.
RESOLUTION LIFE HOLDINGS
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On appeal from a bench trial, the trial court's findings of fact are affirmed when supported by competent, substantial evidence and the appellant fails to demonstrate clear error.
[1] Appellate courts are bound by a trial court's findings of fact in a bench trial if those findings are supported by competent, substantial evidence.
[2] Findings of fact made by a trial judge in a bench trial are presumed correct on appeal and will not be disturbed unless clearly erroneous.
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“the trial judge's findings of fact are clothed with a presumption of correctness on appeal, and these findings will not be disturbed unless the appellant can demonstrate that they are clearly erroneous.”
Court stating the standard of review for bench trial judgments on appeal, citing Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005).
Appellant Jorge M. Negron appealed a final judgment entered after a bench trial in favor of Lincoln Benefit Life Company in Miami-Dade County Circuit …
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PER CURIAM
Appellant Jorge M. Negron appeals the trial court’s final judgment in favor of Appellee Lincoln Benefit Life Company following a bench trial. We find no error and affirm.
On appeal of a judgment entered after a bench trial, while the parties are entitled to de novo review of the trial court’s legal rulings, an appellate court is bound by the trial court’s findings of fact where the findings are supported by competent, substantial evidence. Tylinski v. Klein Auto., Inc., 90 So. 3d 870 (Fla. 3d DCA 2012) (citing Craigside, LLC v. GDC View, LLC, 74 So. 3d 1087 (Fla. 1st DCA 2011)). Furthermore, in an appeal from a bench trial, “the trial judge’s findings of fact are clothed with a presumption of correctness on appeal, and these findings will not be disturbed unless the appellant can demonstrate that they are clearly erroneous.” Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005).
Based on our review of the record, the trial judge’s findings of fact are supported by competent, substantial evidence. Moreover, Appellant has not demonstrated that the trial judge’s factual findings are clearly erroneous nor that there is any error in the trial court’s application of the law to those findings.
Affirmed.
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Authorities Cited
- Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288 (Fla. 3d DCA 2005)
- Alba G. Tylinski and Cecilia M. Tylinski v. Klein Auto., Inc., 90 So. 3d 870 (Fla. 3d DCA 2012)
- Craigside, LLC v. GDC View, LLC, 74 So. 3d 1087 (Fla. 1st DCA 2011)