Re-weighing Evidence on Appeal

Posted on: March 7, 2013

In Demida Miami Gardens, LLC v. Master Excavators, Inc., the appellants, Demida Miami Gardens, LLC and David Paul appealed a final judgment in the amount of $933,617.43 which was a result of an action to enforce a personal guarantee provided to Master Excavators by Paul.  On appeal, two arguments were asserted: one, that the guarantee was unenforceable because there was no consideration, and two, that Master failed to satisfy conditions precedent to its enforcement. 

On appeal, both of these arguments were rejected. The court found that while the record contained testimony and evidence supporting the appellants’ arguments, it also contained other competent and substantial testimony and evidence that directly contradicted them.  Citing to G & G Fashion Design, Inc. v. Garcia, the Third District Court of Appeal noted that re-weighing the evidence and credibility of the witnesses is not a function ascribed to the appellate courts.  G & G Fashion Design, Inc. v. Garcia, 870 So. 2d 870, 873 (Fla. 3d DCA 2004).