MARKINS JUNIOR ANILUS
v.
STATE
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A trial court's factual findings are affirmed when supported by competent substantial evidence and the appellate court defers to the trial court's determinations regarding weight of evidence and witness credibility.
[1] Trial court factual findings are reviewed on appeal with a presumption of correctness, and an appellate court will not reweigh evidence or reassess witness credibility.
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Join FLexlaw to unlock all legal intelligence“Because a trial court's factual findings come to the appellate court with a presumption of correctness to which the appellate court should generally defer, because an appellate court should not weigh evidence or assess the credibility of witnesses, and because there is competent substantial evidence in the record to support the trial court's factual findings, we affirm.”
The court's statement of the standard for appellate review of trial court factual findings
Markins Junior Anilus appealed a judgment from Miami-Dade County Court. The specific facts underlying the dispute are not detailed in this opinion.…
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PER CURIAM.
Affirmed. Vega v. CSCS Int’l, N.V., 795 So. 2d 164, 166 n.1 (Fla. 3d DCA 2001) (“Evidence is . . . ‘[a]ny species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention.’” (quoting Black's Law Dictionary 287 (5th ed. 1983))); see also Southwin, Inc. v. Verde, 806 So. 2d 586, 588 (Fla. 3d DCA 2002) (“Determinations regarding the weight of the evidence or the credibility of witnesses are peculiarly within the province of the finder of fact and will not be disturbed on appeal.” (citations omitted)); U.S. Bank, N.A. v. Stokes, 289 So. 3d 523, 524 (Fla. 3d DCA 2019) (“Because a trial court's factual findings come to the appellate court with a presumption of correctness to which the appellate court should generally defer, because an appellate court should not weigh evidence or assess the credibility of witnesses, and because there is competent substantial evidence in the record to support the trial court’s factual findings, we affirm.” (citations omitted)).
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Citator
Cited By
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Markins Junior Anilus v. State, 289 So. 3d 523 (Fla. 3d DCA 2021)
Authorities Cited
- Southwin, Inc. v. Verde, 806 So. 2d 586 (Fla. 3d DCA 2002)
- Markins Junior Anilus v. State, 289 So. 3d 523 (Fla. 3d DCA 2021)