Krapff, Gray, and Nightengale Properties, LLC v. Wilmington Trust, National Association, Etc.

• Court: District Court of Appeal of Florida
• Decided: December 18, 2024
• Docket: 3D2023-2203
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2203 Lower Tribunal No. 17-89-M ________________

Krapff, Gray, and Nightengale Properties, LLC, Appellant,

vs.

Wilmington Trust, National Association, Not in its Individual Capacity, but Solely as Trustee of MFRA Trust 2014-2, Appellee.

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge.

Florin, Gray, Bouzas and Owens, LLC, and Christopher D. Gray (Lutz), for appellant.

Atlas | Solomon, PLLC, Eric M. Levine, and Eric S. Matthew (Stuart), for appellee.

Before LOGUE, C.J., and LOBREE and GOODEN, JJ.

PER CURIAM. Because the trial court’s findings are supported by competent,

substantial evidence, we affirm. See Marrone v. Miami Nat’l Bank, 507 So.

2d 652, 653 (Fla. 3d DCA 1987) (“In a non-jury case, it is the trial court’s duty

to reconcile conflicts in the testimony, to judge the credibility of witnesses,

and to determine the weight of the evidence presented. This court will not

disturb the trial court’s findings, which are presumed correct, unless they are

totally unsupported by competent and substantial evidence.”) (internal

citations omitted); § 673.3091, Fla. Stat. (2023).