Fratangelo v. Coosemans

District Court of Appeal of Florida

Fratangelo v. Coosemans

264 So. 3d 1079

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2019

DocketNo. 3D18-0705

StatusPublished

This text of 264 So. 3d 1079 (Fratangelo v. Coosemans) 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

Fratangelo v. Coosemans, 264 So. 3d 1079 (Fla. Ct. App. 2019).

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Opinion

PER CURIAM.

Affirmed. See Hamilton v. Florida Power & Light Co., 48 So.3d 170, 172 (Fla. 4th DCA 2010) ("When there is a nonjury finding on disputed evidence [in an order enforcing settlement], it is reviewed on appeal for competent, substantial evidence because the lower court 'is in the best position to evaluate and weigh the testimony and evidence based upon its observation of the bearing, demeanor and credibility of the witnesses.' ") (quoting Acoustic Innovations, Inc. v. Schafer, 976 So.2d 1139, 1143 (Fla. 4th DCA 2008) ); Smiley v. Greyhound Lines, Inc., 704 So.2d 204, 205 (Fla. 5th DCA 1998) (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.").

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PER CURIAM.

Affirmed. See Hamilton v. Florida Power & Light Co., 48 So.3d 170, 172 (Fla. 4th DCA 2010) ("When there is a nonjury finding on disputed evidence [in an order enforcing settlement], it is reviewed on appeal for competent, substantial evidence because the lower court 'is in the best position to evaluate and weigh the testimony and evidence based upon its observation of the bearing, demeanor and credibility of the witnesses.' ") (quoting Acoustic Innovations, Inc. v. Schafer, 976 So.2d 1139, 1143 (Fla. 4th DCA 2008) ); Smiley v. Greyhound Lines, Inc., 704 So.2d 204, 205 (Fla. 5th DCA 1998) (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.").

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264 So. 3d 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fratangelo-v-coosemans-fladistctapp-2019.

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