Federal National Mortgage Ass'n v. Alden Hotel Condominium Ass'n

District Court of Appeal of Florida

Federal National Mortgage Ass'n v. Alden Hotel Condominium Ass'n

137 So. 3d 1153, 2014 WL 1343536, 2014 Fla. App. LEXIS 4793

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 2014

DocketNo. 3D13-1458

StatusPublished

Cited by1 cases

This text of 137 So. 3d 1153 (Federal National Mortgage Ass'n v. Alden Hotel Condominium Ass'n) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Federal National Mortgage Ass'n v. Alden Hotel Condominium Ass'n, 137 So. 3d 1153, 2014 WL 1343536, 2014 Fla. App. LEXIS 4793 (Fla. Ct. App. 2014).

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Opinion

EMAS, J.

We affirm the final judgment entered in favor of Appellee Alden Hotel Condominium Association, following a non-jury' trial. The trial court’s findings come to us clothed with a presumption of correctness, and will not be disturbed absent a showing by Appellant that such findings are clearly erroneous. Citibank, N.A. v. Julien J. Studley, Inc., 580 So.2d 784 (Fla. 3d DCA 1991). We reject Appellant’s contention that the trial court, after admitting into-evidence certain-business records, ignored the contents of those records in its findings. The contents of those records were contradicted by other evidence and testimony, thus requiring the trial court, as finder of fact, to consider, weigh and resolve the contradictory evidence, including 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. Rodriguez v. Reyes, 112 So.3d 671 (Fla. 3d DCA 2013); Ferry v. Abrams, 679 So.2d 80 (Fla. 5th DCA 1996); State v. Cardosa, 609 So.2d 152 (Fla. 5th DCA 1992). Because the record contains competent substantial evidence to support the trial court’s determinations on the conflicting evidence and the credibility of the witnesses, we affirm.

Affirmed.

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EMAS, J.

We affirm the final judgment entered in favor of Appellee Alden Hotel Condominium Association, following a non-jury' trial. The trial court’s findings come to us clothed with a presumption of correctness, and will not be disturbed absent a showing by Appellant that such findings are clearly erroneous. Citibank, N.A. v. Julien J. Studley, Inc., 580 So.2d 784 (Fla. 3d DCA 1991). We reject Appellant’s contention that the trial court, after admitting into-evidence certain-business records, ignored the contents of those records in its findings. The contents of those records were contradicted by other evidence and testimony, thus requiring the trial court, as finder of fact, to consider, weigh and resolve the contradictory evidence, including 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. Rodriguez v. Reyes, 112 So.3d 671 (Fla. 3d DCA 2013); Ferry v. Abrams, 679 So.2d 80 (Fla. 5th DCA 1996); State v. Cardosa, 609 So.2d 152 (Fla. 5th DCA 1992). Because the record contains competent substantial evidence to support the trial court’s determinations on the conflicting evidence and the credibility of the witnesses, we affirm.

Affirmed.

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Bluebook (online)

137 So. 3d 1153, 2014 WL 1343536, 2014 Fla. App. LEXIS 4793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-national-mortgage-assn-v-alden-hotel-condominium-assn-fladistctapp-2014.

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