LUCILA MURPHY
v.
LENIS OSORIO
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The trial court's ruling that there was insufficient evidence to support the defendants' counterclaim is affirmed.
[1] A party challenging the validity of a deed bears the burden of overcoming a strong presumption in favor of the deed's validity by clear, strong, and convincing evidence.
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Join FLexlaw to unlock all legal intelligence“it is undisputed that the trial court ruled that there was a lack of evidence to support the Defendants' counterclaim”
The court's basis for affirmance
This case involves a dispute where defendants asserted a counterclaim against plaintiff Murphy.…
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PER CURIAM.
Affirmed. Murphy v. Osorio, 299 So. 3d 446, 448 (Fla. 3d DCA 2020), reh’g denied (Jan. 29, 2020) (“[I]t is undisputed that the trial court ruled that there was a lack of evidence to support the Defendants’ counterclaim.”);
Espriella v. Delvalle, 844 So. 2d 674, 676 (Fla. 3d DCA 2003) (confirming that there is a strong presumption in favor of the validity of deeds, and that presumption will prevail unless the party challenging the deed overcomes it by clear, strong and convincing evidence) (citing Howell v. Fiore, 210 So. 2d 253, 256 (Fla. 2d DCA 1968)); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory.”).
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