Olimpia Health Systems, Inc. v. Preferred Care Partners Holding Corp.
This text of 46 So. 3d 1110 (Olimpia Health Systems, Inc. v. Preferred Care Partners Holding Corp.) 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.
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As the party alleging fraud, it was the appellant’s burden to prove it by substantial evidence. Tischler v. Robinson, 79 Fla. 638, 84 So. 914 (1920); Volusia County Bank v. Bigelow, 45 Fla. 638, 33 So. 704 (1903). Here, the trial court “weighted] the testimony presented to it with due consideration being given to the particular circumstances surrounding the conveyances under attack. The court’s findings of fact and conclusions of law come to us with a presumption of correctness and will not be disturbed unless they are clearly erroneous.” Scott v. Dansby, 334 So.2d 331, 333 (Fla. 1st DCA 1976). We find no reversible error in the trial court’s ruling.
Affirmed.
GERSTEN and CORTINAS, JJ., concur.
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46 So. 3d 1110, 2010 Fla. App. LEXIS 16274, 2010 WL 4226275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olimpia-health-systems-inc-v-preferred-care-partners-holding-corp-fladistctapp-2010.