Mitchell v. Lemieux

• Court: District Court of Appeal of Florida
• Decided: August 6, 2018
• Docket: 5D17-1585
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ROBERT H. MITCHELL, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT H. MITCHELL,

Appellant,

v. Case No. 5D17-1585

JOHN E. LEMIEUX, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CURTIS F. MITCHELL AND AS TRUSTEE OF THE CURTIS F. MITCHELL LIVING TRUST, RICHARD F. MITCHELL AND JANET MITCHELL WILSON,

Appellees.

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Opinion filed August 10, 2018

Appeal from the Circuit Court for Seminole County, Melissa Souto, Judge.

Michael Kangas, of BaumannKangas Estate Law, Tampa, for Appellant.

Patrick A. McGee, of McGee & Powers, P.A., Orlando, for Appellee, John E. Lemieux, Individually, as Personal Representative of the Estate of Curtis F. Mitchell and as Trustee of the Curtis F. Mitchell Living Trust.

No Appearance for other Appellees. PER CURIAM.

AFFIRMED. See Richardson v. Everbank, 152 So. 3d 1282, 1287-88 (Fla. 4th

DCA 2015) (holding appellate court cannot reweigh evidence considered by trial court;

instead, appellate court can only decide whether competent, substantial evidence exists

to support trial court’s decision).

PALMER and ORFINGER, JJ., and MUNYON, L.T., Associate Judge, concur.