Legal Memorandum: Rebuttable Presumption in Non-jury Cases

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
Jurisdiction: Florida
Cited Cases: 453 So. 2d 434
Cited Statutes: None
Date: 06/01/2015

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 . 


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)