MANUEL J. MENENDEZ
v.
RAFAEL BONAFONTE

Fla. 3d DCA | 2023-10-25
No. 2022-0735
314 So. 3d 717 Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 1 case

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Holding

When a trial court conducts a full evidentiary hearing on a motion to enforce settlement, its factual findings are reviewed for substantial competent evidence and the appellate court must indulge every fact and inference in support of the judgment.


Headnotes

[1] On appeal from a trial court's decision on a motion to enforce settlement following a full evidentiary hearing, the appellate court reviews the trial court's factual find…

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Key Quotes

“The findings of the trial court, as the trier of fact, come to this court clothed with a presumption of correctness, and where there is substantial competent evidence to sustain the actions of the trial court, the appellate court cannot substitute its opinion on the evidence but rather must indulge every fact and inference in support of the trial court's judgment, which is the equivalent of a jury verdict.”

Standard of review for factual findings in settlement enforcement proceedings

Facts & Procedural History

Manuel J. Menendez and others appealed a circuit court decision regarding a settlement enforcement matter in Miami-Dade County.…

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Opinion of the Court

Kula & Associates, P.A., and Elliot B. Kula and W. Aaron Daniel and William D. Mueller, for appellee. Before LOGUE, C.J., and LINDSEY and LOBREE, JJ. PER CURIAM.

Affirmed. See Archange v. Winn-Dixie Stores, Inc., 314 So. 3d 717, 718 (Fla. 3d DCA 2021) (“Fratangelo v. Coosemans, 264 So. 3d 1079, 1079 (Fla. 3d DCA 2019) (‘When the trial court conducts a full evidentiary hearing on a motion to enforce settlement, “[t]he findings of the trial court, as the trier of fact, come to this court clothed with a presumption of correctness, and where there is substantial competent evidence to sustain the actions of the trial court, the appellate court cannot substitute its opinion on the evidence but rather must indulge every fact and inference in support of the trial court's judgment, which is the equivalent of a jury verdict.”’ (quoting Smiley v. Greyhound Lines, Inc., 704 So. 2d 204, 205 (Fla. 5th DCA 1998))).”).


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Citator

Cited By

  • Menendez v. Bonafonte, 314 So. 3d 717 (Fla. 3d DCA 2023)
    …PER CURIAM. Affirmed. See Archange v. Winn-Dixie Stores, Inc., 314 So. 3d 717, 718 (Fla. 3d DCA 2021) (“Fratangelo v. Coosemans, 264 So. 3d 1079, 1079 (Fla. 3d DCA 2019) (‘When the trial court conducts a full evidentiary hearing on a motion to enforce settlement, “[t]he findings of the trial court, as the trier of fact, come…

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