ZGA AIRCRAFT LEASING, INC., etc. v. WEBJET LINHAS AEREAS S.A., etc. ( 2023 )


Menu:
  •        Third District Court of Appeal
    State of Florida
    Opinion filed May 3, 2023.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D22-0320
    Lower Tribunal No. 15-14374
    ________________
    ZGA Aircraft Leasing, Inc., etc.,
    Appellant,
    vs.
    Webjet Linhas Aereas, S.A., etc., et al.,
    Appellees.
    An Appeal from the Circuit Court for Miami-Dade County, Valerie R.
    Manno Schurr, Judge.
    Podhurst Orseck, P.A., and Stephen F. Rosenthal, and Christina H.
    Martinez; Griffin & Serrano, and Juan Serrano (Ft. Lauderdale), for appellant.
    King & Spalding LLP and Drew T. Bell (Austin, TX), Val Leppert, and
    W. Randall Bassett, for appellees.
    Before EMAS, SCALES, and LINDSEY, JJ.
    PER CURIAM.
    Appellant ZGA Aircraft Leasing, Inc. appeals from a final order issued
    after a non-jury trial in favor of Webjet Linhas Aereas S.A. and Gol Linhas
    Aereas Inteligentes S.A. After three days of trial, including arguments from
    counsel and testimony from four witnesses, the trial court requested and
    received post-trial briefing from both sides. Thereafter, the trial court entered
    an order and final judgment totaling 44 pages, ruling in favor of Appellees on
    five independent grounds.
    The trial court’s order comes to us clothed with the presumption of
    correctness. See Applegate v. Barnett Bank of Tallahassee, 
    377 So. 2d 1150
    , 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court
    has the presumption of correctness and the burden is on the appellant to
    demonstrate error.”); Horatio Enterprises, Inc. v. Rabin, 
    614 So. 2d 555
    , 556
    (Fla. 3d DCA 1993) (“The rulings of a trial court arrive in appellate courts with
    the presumption of correctness and appellate courts must interpret the
    evidence in a manner most favorable to sustain the trial court's rulings.”);
    Hernandez v. Vidal, 
    354 So. 3d 632
    , 633 (Fla. 3d DCA 2023) (“The findings
    of a trial court come to an appellate court clothed with a presumption of
    correctness.”).
    2
    To reverse this order, Appellant’s counsel commendably conceded at
    oral argument that we would need to find reversible error on each of the five
    independent grounds. We do not. Accordingly, we affirm.
    Affirmed.
    3
    

Document Info

Docket Number: 22-0320

Filed Date: 5/3/2023

Precedential Status: Precedential

Modified Date: 5/3/2023