Mitchell v. Lemieux

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ROBERT H. MITCHELL, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT H. MITCHELL, Appellant, v. Case No. 5D17-1585 JOHN E. LEMIEUX, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CURTIS F. MITCHELL AND AS TRUSTEE OF THE CURTIS F. MITCHELL LIVING TRUST, RICHARD F. MITCHELL AND JANET MITCHELL WILSON, Appellees. ________________________________/ Opinion filed August 10, 2018 Appeal from the Circuit Court for Seminole County, Melissa Souto, Judge. Michael Kangas, of BaumannKangas Estate Law, Tampa, for Appellant. Patrick A. McGee, of McGee & Powers, P.A., Orlando, for Appellee, John E. Lemieux, Individually, as Personal Representative of the Estate of Curtis F. Mitchell and as Trustee of the Curtis F. Mitchell Living Trust. No Appearance for other Appellees. PER CURIAM. AFFIRMED. See Richardson v. Everbank, 152 So. 3d 1282, 1287-88 (Fla. 4th DCA 2015) (holding appellate court cannot reweigh evidence considered by trial court; instead, appellate court can only decide whether competent, substantial evidence exists to support trial court’s decision). PALMER and ORFINGER, JJ., and MUNYON, L.T., Associate Judge, concur. 2

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