LUIS DURAN
v.
ROMMY DURAN

Fla. 3d DCA | 2025-01-22
No. 3D2024-0154
2025 FL 556 Florida District Court of Appeal, Third District (2025)

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Synopsis

Luis Duran appealed a trial court order declining to enforce a prenuptial agreement between him and his former wife. The appellate court affirmed the trial court's decision because competent substantial evidence supported the ruling.


Holding

The trial court's order declining to enforce the prenuptial agreement is affirmed because it is supported by competent substantial evidence.


Headnotes

[1] An appellate court reviewing a trial court's determination regarding prenuptial agreement enforcement applies the competent substantial evidence standard and may not retr…

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Key Quotes

“It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the testimony and evidence from the record on appeal before it.”

Establishes the standard of review that appellate courts must follow when reviewing trial court decisions

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Facts & Procedural History

Luis Duran and Rommy Duran were former spouses who had executed a prenuptial agreement. The trial court declined to enforce the prenuptial agreement, …

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Opinion of the Court

Opinion filed January 22, 2025. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D24-0154 Lower Tribunal No. 21-15118 ________________

Luis Duran,

Appellant,

vs.

Rommy Duran,

Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Oscar Rodriguez-Fonts, Judge. Open Book Appeals, and Erin Pogue Newell (Ft. Lauderdale), for appellant. The Billbrough Firm, and G. Bart Billbrough, for appellee. Before EMAS, FERNANDEZ, and LINDSEY, JJ. PER CURIAM.

Appellant Luis Duran appeals the trial court’s order declining to enforce the prenuptial agreement between him and his former wife. Because there is competent substantial evidence to support the trial court’s ruling, we are constrained to affirm. See Shaw v. Shaw, 334 So. 2d 13, 16 (Fla. 1976) (“It is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the testimony and evidence from the record on appeal before it. The test, as pointed out in [Westerman v. Shell’s City, Inc., 265 So. 2d 43 (Fla. 1972)], is whether the judgment of the trial court is supported by competent evidence.”); Fla. Mining & Materials v. Mobley, 649 So. 2d 934, 934 (Fla. 1st DCA 1995) (“But the case may not be retried on appeal, and a ruling which is supported by competent substantial evidence will be upheld even though there may be some persuasive evidence to the contrary.”).

Affirmed.


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