EPR 10, LLC
v.
BARY WALLACE WILSON
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EPR 10, LLC appealed the trial court's denial of a deficiency judgment following a remanded evidentiary hearing on the fair market value of two patents. The appellate court affirmed the trial court's discretionary decision, finding it supported by competent, substantial evidence.
The trial court did not abuse its discretion in denying the deficiency judgment. The trial court, as the finder of fact, was entitled to assess the credibility and reliability of competing expert opinions and weigh them as it saw fit, and its findings were supported by competent, substantial evidence.
[1] In reviewing a trial court's denial of a deficiency judgment based on expert testimony regarding asset valuation, an appellate court applies an abuse of discretion standa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Faced with conflicting expert opinions, the trial court, as the finder of fact in this case, was free to determine the reliability and credibility of these competing opinions and to weigh them as the court saw fit.”
Establishes the trial court's broad discretion in evaluating expert testimony and resolving factual disputes regarding patent valuation.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court conducted an evidentiary hearing (as mandated by a prior appellate reversal and remand) to determine the fair market value of two pate…
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Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1171 Lower Tribunal No. 18-28238
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EPR 10, LLC,
Appellant,
vs.
Bary Wallace Wilson, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Lisa S. Walsh, Judge. Hunker Paxton Appeals & Trials, Thomas L. Hunker and V. Ashley Paxton (Fort Lauderdale), for appellant. Ward Damon PL, Mahra Sarofsky and Brittany P. Borck (West Palm Beach), for appellee Enviropower Renewable Inc. Before LINDSEY, GORDO and GOODEN, JJ. PER CURIAM. We previously reversed and remanded for the trial court to conduct an evidentiary hearing to determine the fair market value of two patents. See Enviropower Renewable Inc. v. Ritger, 337 So. 3d 424 (Fla. 3d DCA 2021). The trial court fully complied with our mandate and did so. After considering evidence and testimony presented by the parties at that evidentiary hearing, the trial court denied Appellant’s request for a deficiency judgment. This appeal followed.
The trial court did not abuse its discretion in denying the deficiency judgment. “Faced with conflicting expert opinions, the trial court, as the finder of fact in this case, was free to determine the reliability and credibility of these competing opinions and to weigh them as the court saw fit.” Ramphal v. TD Bank Nat’l Ass’n, 206 So. 3d 172, 173 (Fla. 5th DCA 2016). Its findings are supported by competent, substantial evidence. Therefore, we affirm.
Affirmed.
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EPR 10, LLC v. Bary Wallace Wilson, 337 So. 3d 424 (Fla. 3d DCA 2024)…PER CURIAM. We previously reversed and remanded for the trial court to conduct an evidentiary hearing to determine the fair market value of two patents. See Enviropower Renewable Inc. v. Ritger, 337 So. 3d 424 (Fla. 3d DCA 2021). The trial court fully complied with our mandate and did so. After considering evidence and testimony presented by the parties at that evidentiary hearing, the trial court denied Appellant’s request for a deficiency judgment. Th…1 / 2
Authorities Cited
- Montielal Ramphal v. TD Bank Nat'l Ass'n, 206 So. 3d 172 (Fla. 5th DCA 2016)
- EPR 10, LLC v. Bary Wallace Wilson, 337 So. 3d 424 (Fla. 3d DCA 2024)