Florida District Courts of Appeal, 2010

Olimpia Health Systems, Inc. v. Preferred Care Partners Holding Corp.

Olimpia Health Systems, Inc. v. Preferred Care Partners Holding Corp.
Florida District Courts of Appeal · Decided October 27, 2010 · Gersten, Shepherd, Cortinas
46 So. 3d 1110; 2010 Fla. App. LEXIS 16274; 2010 WL 4226275 (Southern Reporter, Third Series)

Olimpia Health Systems, Inc. v. Preferred Care Partners Holding Corp.

Opinion of the Court

PER CURIAM.

As the party alleging fraud, it was the appellant’s burden to prove it by substantial evidence. Tischler v. Robinson, 79 Fla. 638, 84 So. 914 (1920); Volusia County Bank v. Bigelow, 45 Fla. 638, 33 So. 704 (1903). Here, the trial court “weighted] the testimony presented to it with due consideration being given to the particular circumstances surrounding the conveyances under attack. The court’s findings of fact and conclusions of law come to us with a presumption of correctness and will not be disturbed unless they are clearly erroneous.” Scott v. Dansby, 334 So.2d 331, 333 (Fla. 1st DCA 1976). We find no reversible error in the trial court’s ruling.

Affirmed.

GERSTEN and CORTINAS, JJ., concur.

Dissenting Opinion

SHEPHERD, J.,

dissenting.

I dissent.

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