SUSAN BRAUN
v.
TRACEY SAGER
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The trial court's judgment is affirmed because the appellant failed to meet the clear and convincing evidence standard for fraud and raised issues not presented in the trial court.
[1] Fraud claims must be proved by clear and convincing evidence, not merely by preponderance of the evidence.
[2] Issues not presented to the trial court cannot be raised for the first time on appeal.
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Join FLexlaw to unlock all legal intelligenceSusan Braun appealed a Circuit Court judgment in Miami-Dade County. The appeal involved allegations of fraud against Tracey Sager and others.…
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PER CURIAM.
Affirmed. Bertrand v. Belhomme, 892 So. 2d 1150, 1153 (Fla. 3d DCA
2005) (“The evidence to support a finding of fraud must be clear and
convincing.”); Est. of Herrera v. Berlo Indus., Inc., 840 So. 2d 272, 273 (Fla.
3d DCA 2003) (“[I]ssues not presented in the trial court cannot be raised for
the first time on appeal.”); Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482,
491–92 (Fla. 3d DCA 2000) (“[A]n appeal which lacks a factual basis or well-
grounded legal argument will be considered devoid of merit.”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Damien Townes v. State, 768 So. 2d 482 (Fla. 2d DCA 2000)
- In re the Est. OF Carlos Rumaldo Herrera v. Berlo Indus. Inc., 840 So. 2d 272 (Fla. 3d DCA 2003)
- Gisleine Bertrand v. Anilus Belhomme, 892 So. 2d 1150 (Fla. 3d DCA 2005)