KRAPFF, GRAY, AND NIGHTENGALE PROPERTIES, LLC
v.
WILMINGTON TRUST, NATIONAL ASSOCIATION, ETC.
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Trial court findings are affirmed when supported by competent and substantial evidence, and appellate courts will not disturb such findings absent a showing they are totally unsupported by the record.
[1] In reviewing non-jury trial findings, an appellate court presumes the trial court's factual findings are correct and will not disturb them unless they are totally unsuppo…
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Join FLexlaw to unlock all legal intelligence“In a non-jury case, it is the trial court's duty to reconcile conflicts in the testimony, to judge the credibility of witnesses, and to determine the weight of the evidence presented. This court will not disturb the trial court's findings, which are presumed correct, unless they are totally unsupported by competent and substantial evidence.”
Statement of appellate standard of review for non-jury trial findings
Krapff, Gray, and Nightengale Properties, LLC appealed a non-jury trial court decision in Monroe County involving Wilmington Trust, National Associati…
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Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-2203 Lower Tribunal No. 17-89-M
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Krapff, Gray, and Nightengale Properties, LLC,
Appellant,
vs.
Wilmington Trust, National Association, Not in its Individual Capacity, but Solely as Trustee of MFRA Trust 2014-2, Appellee.
An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge. Florin, Gray, Bouzas and Owens, LLC, and Christopher D. Gray (Lutz), for appellant. Atlas | Solomon, PLLC, Eric M. Levine, and Eric S. Matthew (Stuart), for appellee. Before LOGUE, C.J., and LOBREE and GOODEN, JJ. PER CURIAM. Because the trial court’s findings are supported by competent, substantial evidence, we affirm. See Marrone v. Miami Nat’l Bank, 507 So. 2d 652, 653 (Fla. 3d DCA 1987) (“In a non-jury case, it is the trial court’s duty to reconcile conflicts in the testimony, to judge the credibility of witnesses, and to determine the weight of the evidence presented. This court will not disturb the trial court’s findings, which are presumed correct, unless they are totally unsupported by competent and substantial evidence.”) (internal citations omitted); § 673.3091, Fla. Stat. (2023).