BERNARDO DE LA PENA
v.
SC MOTA ASSOCIATES LIMITED PARTNERSHIP
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The trial court's findings of fact in a non-jury trial are presumed correct and will not be disturbed on appeal unless totally unsupported by competent and substantial evidence, clearly against the weight of the evidence, or induced by an erroneous view of the law.
[1] In reviewing a final judgment from a non-jury trial, the trial court's findings of fact are clothed with a presumption of correctness, and a finding will not be disturbed…
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Join FLexlaw to unlock all legal intelligenceBernardo de la Peña appealed a final judgment rendered by the trial court following a non-jury trial against SC Mota Associates Limited Partnership.…
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PER CURIAM.
Affirmed. See La Ley Sports Complex at City of Homestead, LLC v.
City of Homestead, 255 So. 3d 468, 469 (Fla. 3d DCA 2018) (“In reviewing a final judgment rendered from a non-jury trial, the trial court's findings of fact are clothed with a presumption of correctness. Fito v. Attorney's Title Ins.
Fund, Inc., 83 So. 3d 755, 757-58 (Fla. 3d DCA 2011). We apply a clear error standard to the findings of fact, and a finding will not be disturbed unless it is totally unsupported by competent and substantial evidence, it is clearly against the weight of the evidence, or it was induced by an erroneous view of the law. Id.; Holland v. Gross, 89 So. 2d 255, 258 (Fla. 1956).”)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (61 total)
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Oceanic Int'l Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981)…se, 350 So. 2d 529 (Fla. 3d DCA 1977); Courshon v. Fontainebleau Hotel Corp., 307 So. 2d 901 (Fla. 3d DCA 1975). We are not however bound by the trial court’s legal conclusions where those conclusions conflict with established law. Holland v. Gross, 89 So. 2d 255 (Fla.1956). “A finding of fact by the trial court in a non-jury case will not be set aside on review unless there is no substantial evidence to sustain it, unless it is clearly against the weight of the evidence, or unless it was induced by an erro…
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TEL Serv. Co., Inc. v. Gen. Cap. Corp., 227 So. 2d 667 (Fla. 1969)…ed against the evidentiary requirements necessary to justify disregarding a corporate entity, is not sufficient for such result under the circumstances here presented. The law dispositive of this question was settled in Holland v. Gross (Fla. 1956), 89 So. 2d 255, where this Court, quoting from American Jurisprudence, stated: “ ‘ * * * While the corporate entity may generally be disregarded where it is used as a cloak or cover for fraud or illegality, the corporate entity of a corporation organized merely f…
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Bystrom v. Equitable Life Assurance Soc'y OF the United States, 416 So. 2d 1133 (Fla. 3d DCA 1982)…testimony should have been considered. Failure to do so constituted either a misapprehension of the legal effect of the evidence or a palpable misconception of the facts, either of which is reversible error under the circumstances. Holland v. Gross, 89 So. 2d 255 (Fla.1956); Winton v. Stone, 107 Fla. 636, 145 So. 845 (1933); Whitman v. Pet Incorporated, 335 So. 2d 577 (Fla. 3d DCA 1976), cert. dismissed, 348 So. 2d 951 (Fla.1977). For the trial court’s exclusion of actual operating income data for the fisca…
Previewing 3 of 61 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Holland v. Gross, 89 So. 2d 255 (Fla. 1956)
- Alba Fito v. Attorneys' Title Ins. Fund, Inc., 83 So. 3d 755 (Fla. 3d DCA 2011)
- La Ley Sports Complex at the City of Homestead, LLC v. City of Homestead, 255 So. 3d 468 (Fla. 3d DCA 2018)