Aristizabal v. Pina

Third District Court of Appeal
State of Florida
Opinion filed May 15, 2019.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D18-2083
Lower Tribunal No. 17-13660
________________
Carolina Aristizabal,
Appellant,
vs.
Rafael Antonio Pina,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Bernard S.
Shapiro, Judge.
Lindsey Wilson, PLLC, and Amber Wilson and Sean Lindsey (Fort
Lauderdale), for appellant.
McConnell Valdes LLP, and Maria A. Dominguez and Juan C. Ramos and
Javier F. Micheo, for appellee.
Before EMAS, C.J., and SALTER, J., and LEBAN, Senior Judge.
LEBAN, Senior Judge.
We review the trial court’s factual findings for competent substantial
evidence. See Machtinger v. Inertial Airline Servs., Inc., 937 So. 2d 730, 734 (Fla.
3d DCA 2006) (noting that although review of a motion to dismiss for lack of
personal jurisdiction is de novo, “where the trial court’s decision is based on live
testimony, the appellate court defers to the trial court’s determination of the
facts”); Rudel v. Rudel, 111 So. 3d 285 (Fla. 4th DCA 2013) (holding where case
for lack of jurisdiction is based on a finding of fact, appellate court reviews
findings based on competent, substantial evidence standard).
Affirmed.
2