Issue: Under Florida law, in a non-jury case, how does a party overcome the presumption that a judge has rendered a decision based only on admissible evidence?
|Area of Law:||Litigation & Procedure|
|Keywords:||Presumption; Admissible evidence; Overcome|
|Cited Cases:||453 So. 2d 434|
The rebuttable presumption that in non-jury cases, trial judges base their decisions upon admissible evidence and have disregarded inadmissible evidence is overcome where a trial court makes a statement that discloses that the trial court actually relied upon the erroneous evidence to support the verdict. See Parks v. Zitnik, 453 So. 2d 434, 437 (Fla. 2d DCA 1984) TA l "Parks v. Zitnik, 453 So. 2d 434 (Fla. 2d DCA 1984)" s "Parks v. Zitnik, 453 So. 2d 434, 437 (Fla. 2d DCA 1984)" c 1 .