CAMERON JENKINS
v.
EUCLID, L.C.

Fla. 3d DCA | 2024-04-17
No. 2022-2231
2024 FL 4334 Florida District Court of Appeal, Third District (2024)

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Synopsis

Cameron Jenkins appeals a trial court's final judgment of eviction entered after a bench trial. The appellate court affirmed the judgment, finding it supported by competent substantial evidence and rejecting all of Jenkins' claims on appeal.


Holding

The trial court's final judgment of eviction is affirmed as it is supported by competent substantial evidence, and Jenkins failed to demonstrate any reversible error. The trial court did not abuse its discretion in severing the eviction count from the remainder of the action.


Headnotes

[1] A trial court's findings of fact in a nonjury proceeding will not be set aside on review unless totally unsupported by competent and substantial evidence.

[2] A trial court does not abuse its discretion by severing an eviction count from other claims to allow for expedited proceedings under summary procedure statutes.

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Key Quotes

“Findings of fact by a trial judge in a nonjury proceeding will not be set aside on review unless totally unsupported by competent and substantial evidence.”

Establishes the standard of review for bench trial findings and the high bar for appellate reversal

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Facts & Procedural History

Jenkins was a former tenant of Euclid, L.C. Jenkins filed a multi-count complaint against Euclid in circuit court, and Euclid filed a single-count evi…

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Opinion of the Court

PER CURIAM.

Appellant Cameron Jenkins, a former tenant of appellee, Euclid, L.C.,

appeals the trial court’s final judgment of eviction, entered at the conclusion

of a bench trial.1 Jenkins raises numerous claims on appeal, but we find

none are meritorious. Upon our review, the trial court’s final judgment is

supported by competent substantial evidence, and Jenkins has failed to

demonstrate any reversible error by the trial court. Verneret v. Foreclosure

Advisors, LLC, 45 So. 3d 889, 891 (Fla. 3d DCA 2010) (“Findings of fact by

a trial judge in a nonjury proceeding will not be set aside on review unless

totally unsupported by competent and substantial evidence.”) (citing Laufer

v. Norma Fashions, Inc., 418 So. 2d 437, 439 (Fla. 3d DCA 1982)).

Affirmed.

Footnotes
1 Initially, Jenkins filed a multi-count complaint against Euclid in circuit court, and Euclid filed a single-count eviction action in county court. Jenkins moved to transfer Euclid’s county court action to circuit court, and to consolidate the two suits, a request which was granted. The trial court subsequently severed the eviction count from the remainder of the action, thereby allowing it to proceed more expeditiously, see § 51.011, Fla. Stat. (2022) (Summary Procedure) and § 83.59(2), Fla. Stat. (2022) (Right of Action for Possession); Camena Invs. & Prop. Mgmt. Corp. v. Cross, 791 So. 2d 595, 596-597 (Fla. 3d DCA 2001) (“The summary procedure statutes envision an expedited process to determine the right to possession promptly without the necessity of deciding all other issues between the parties”), and we find no abuse of discretion in the trial court’s action. Jenkins’ claims remained pending in the trial court at the time he filed the notice of appeal in the instant cause.

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