Third District Court of Appeal
State of Florida
Opinion filed January 27, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-239
Lower Tribunal No. 16-32472
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Jacqueline Archange,
Appellant,
vs.
Winn-Dixie Stores, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz,
Judge.
Max A. Goldfarb, for appellant.
Kubicki Draper, P.A., and Barbara E. Fox, for appellee.
Before EMAS, C.J., and LOGUE and BOKOR, JJ.
PER CURIAM.
Affirmed. See Perrin v. De Soleil S. Beach Ass’n,
305 So. 3d 598, 599
(Fla. 3d DCA 2020) (“[O]rder enforcing settlement based on nonjury finding
on disputed evidence is reviewed on appeal for competent, substantial
evidence because lower court is in best position to evaluate and weigh
testimony and evidence based upon its observation of bearing, demeanor,
and credibility of witnesses.” (citing Fratangelo v. Coosemans,
264 So. 3d
1079, 1079 (Fla. 3d DCA 2019) (“When the trial court conducts a full
evidentiary hearing on a motion to enforce settlement, ‘[t]he findings of the
trial court, as the trier of fact, come to this court clothed with a presumption
of correctness, and where there is substantial competent evidence to sustain
the actions of the trial court, the appellate court cannot substitute its opinion
on the evidence but rather must indulge every fact and inference in support
of the trial court’s judgment, which is the equivalent of a jury verdict.’”
(quoting Smiley v. Greyhound Lines, Inc.,
704 So. 2d 204, 205 (Fla. 5th DCA
1998))))).
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