DOUGLAS ASCANIO
v.
RALPH NAVARRO
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In this non-jury trial appeal, the Third District Court of Appeal affirmed the trial court's judgment in favor of MYI International, LLC against Douglas Ascanio. The court held that the trial judge's credibility assessments and factual findings regarding conflicting email evidence were supported by competent, substantial evidence and properly within the trial court's discretion as fact-finder.
The court affirmed the trial court's judgment, holding that its findings of fact regarding the conflicting evidence and its assessment of witness credibility were supported by competent, substantial evidence and were properly within the trial court's discretion as the fact-finder.
[1] Appellate review of a non-jury trial decision based on disputed evidence is for competent, substantial evidence.
[2] The assessment of witness credibility is a determination properly left to the trier of fact.
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Join FLexlaw to unlock all legal intelligence“When a decision in a non-jury trial is based on findings of fact from disputed evidence, it is reviewed on appeal for competent, substantial evidence.”
Establishes the standard of review applicable to this appeal of a bench trial decision based on contested factual evidence.
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Join FLexlaw to unlock all legal intelligenceThe case involved conflicting witness testimony regarding the content and meaning of emails between the parties. MYI International, through its managi…
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Karen B. Parker, P.A., and Karen B. Parker, for appellee MYI International, LLC. Before EMAS, MILLER and LOBREE, JJ. LOBREE, J.
We affirm the final judgment entered in favor of MYI International, LLC, following a non-jury trial. “When a decision in a non-jury trial is based on findings of fact from disputed evidence, it is reviewed on appeal for competent, substantial evidence.” Mario’s Enters. Painting & Wallcovering, Inc. v. Veitia Padron Inc., 52 So. 3d 819, 821 (Fla. 3d DCA 2011) (quoting Acoustic Innovations, Inc. v. Schafer, 976 So. 2d 1139, 1143 (Fla. 4th DCA 2008)). Here, the parties presented conflicting witness testimony regarding whether the contents of pertinent emails reflected an agreement for MYI to pay Ascanio for an alleged outstanding debt or demonstrated efforts by MYI and its managing member, Navarro, to assist Ascanio in obtaining a loan. This required the trial court, as finder of fact, to weigh and resolve the contradictory evidence, which included an assessment of witness credibility. “That assessment of witness credibility, like all disputed issues of fact, is one properly left to the trier of fact.” Fed. Nat’l Mortg. Ass’n v. Alden Hotel Condo. Ass’n, 137 So. 3d 1153, 1154 (Fla. 3d DCA 2014); see Boucicaut v. Florida Unemployment Appeals, 929 So. 2d 619, 620 (Fla. 3d DCA 2006) (“Credibility of a witness and the weight to be given to the evidence presented is, however, within the sound discretion of the fact finder.”); Citibank, N.A. v. Julien J. Studley, Inc., 580 So. 2d 784, 785–86 (Fla. 3d DCA 1991) (“It is not the function of this court to reweigh the evidence and the credibility of the witnesses in the trial court proceedings.”). Because the record contains competent substantial evidence to support the trial court’s determinations on the conflicting evidence and credibility of the witnesses, we affirm.
Affirmed.
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- Guardian AD Litem Program v. Times Publ'g Co., 976 So. 2d 1139 (Fla. 2d DCA 2008)
- Citibank, N.A. v. Judien J. Studley, Inc., 580 So. 2d 784 (Fla. 3d DCA 1991)
- Gladwin Boucicaut v. Florida Unemployment Appeals, 929 So. 2d 619 (Fla. 3d DCA 2006)
- Mario's Enters. Painting & Wallcovering, Inc. v. Veitia Padron Inc., 52 So. 3d 819 (Fla. 3d DCA 2011)
- Fed. Nat'l Mortg. Ass'n v. The Alden Hotel Condo. Ass'n, 137 So. 3d 1153 (Fla. 3d DCA 2014)