FEDERAL NATIONAL MORTGAGE ASSOCIATION, APPELLANT,
v.
THE ALDEN HOTEL CONDOMINIUM ASSOCIATION, APPELLEE
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Florida appellate court affirmed judgment for condominium association, holding that trial court's factual findings regarding conflicting evidence and witness credibility are not clearly erroneous and supported by competent substantial evidence.
Trial court findings on conflicting evidence and witness credibility are not clearly erroneous when supported by competent substantial evidence.
[1] Assessment of witness credibility and resolution of conflicting evidence are matters properly left to the trier of fact and are not subject to appellate review for clear…
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Join FLexlaw to unlock all legal intelligenceFederal National Mortgage Association appealed a judgment entered against it following a non-jury trial involving Alden Hotel Condominium Association,…
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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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Authorities Cited
- Ferry v. Abrams, 679 So. 2d 80 (Fla. 5th DCA 1996)
- Citibank, N.A. v. Judien J. Studley, Inc., 580 So. 2d 784 (Fla. 3d DCA 1991)
- Eddy Rodriguez v. Reyes, 112 So. 3d 671 (Fla. 3d DCA 2013)
- State v. Cardosa, 609 So. 2d 152 (Fla. 5th DCA 1992)