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“The appellate review of the trial court’s factual findings is limited to determining whether they are supported by competent, substantial evidence.” Woebse v. Health Care and Ret. Corp. of Am., 977 So.2d 630, 632 (Fla. 3d DCA 2008). If an appellate court finds that the lower court’s “factual findings . . . are supported by competent substantial evidence,” then the appellate court must accept the lower courts factual findings as true. Saario v. Tiller, 333 So.3d 315, 323 (Fla. 5th DCA 2022).

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“The appellate review of the trial court’s factual findings is limited to determining whether they are supported by competent, substantial evidence.” Woebse v. Health Care and Ret. Corp. of Am., 977 So.2d 630, 632 (Fla. 3d DCA 2008). If an appellate court finds that the lower court’s “factual findings . . . are supported by competent substantial evidence,” then the appellate court must accept the lower courts factual findings as true. Saario v. Tiller, 333 So.3d 315, 323 (Fla. 5th DCA 2022).

“When a decision in a non-jury trial is based on findings of fact from disputed evidence, it is reviewed on appeal for competent, substantial evidence. See In re Estate of Sterile, 902 So.2d 915, 922 (Fla. 2d DCA 2005). This is because ‘the trial judge is in the best position “to evaluate and weigh the testimony and evidence based upon its observation of the bearing, demeanor and credibility of the witnesses.”’” Acoustic Innovations, Inc. v. Schafer, 976 So.2d 1139, 1143 (Fla. 4th DCA 2008) (quoting In re Estate of Sterile, 902 So.2d 915, 922 (Fla. 2d DCA 2005)).

“The term ‘competent substantial evidence’ does not relate to the quality, character, convincing power, probative value or weight of the evidence but refers to the existence of some evidence (quantity) as to each essential element and as to the legality and admissibility of that evidence. Competency of evidence refers to its admissibility under legal rules of evidence. ‘Substantial’ requires that there be some (more than a mere iota or scintilla), real, material, pertinent, and relevant evidence (as distinguished from ethereal, metaphysical, speculative or merely theoretical evidence or hypothetical possibilities) having definite probative value (that is, ‘tending to prove’).” Dunn v. State, 454 So. 2d 641, 649 n.11 (Fla. 5th DCA 1984).

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2 Issues And Considerations

(1) The courts of appeal will not review a lower court’s decision if doing so would “require th[e] court to review the evidence in a way that is beyond the scope of th[e] proceeding or because the circuit court has not yet reviewed the . . . final order of revocation in the first instance.” Parker v. Dep’t of Highway Safety & Motor Vehicles, 2022 WL 1434249, *4 (Fla. 2d DCA May 6, 2022).

(2) A review of whether the trial court had competent, substantial evidence supporting their conclusion does not include a review of how the trial court weighed the evidence. Bryan Francis Swift v. State of Fla., 2022 WL 2825389, *2 (Fla. 1st DCA July 20, 2022).

(3) If there is not “a transcript of the trial court’s hearings, [the Court of Appeal] cannot properly resolve the factual issues on appeal. As such, [the Court of Appeal is] compelled to affirm.” Gregory Roberts v. Anyzeila Diaz, 2022 WL 2822733, *2 (Fla. 3d DCA July 20, 2022).

(4)  “[D]etailed and comprehensive findings of fact based on the documents and testimony” will support a finding of competent, substantial evidence. Hughes v. Agency for Persons With Disabilities, 2022 WL 2712111, *2 (Fla. 1st DCA July 13, 2022).

(5) Competent, substantial evidence will be established through relevant documents and a competent witness who can authenticate the documents. Ivy Chase Apartment Prop., LLC v. Ivy Chase Apartments, Ltd., 2022 WL 2334428, *3 (Fla. 2d DCA June 29, 2022) (citing WAMCO XXVIII, Ltd. v. Integrated Elec. Env’ts, Inc., 903 So. 2d 230, 233 (Fla. 2d DCA 2005)).

(6) While an appellate court cannot reweigh evidence from trial, the court can determine that the conclusions “are factually contrary to the evidence.” Duke Energy Fla., LLC v. Clark, 2022 WL 2517162, *5 (Fla. July 7, 2022).

(7) Competent, substantial evidence applies to a review only of the trial court’s factual findings, and does not apply to “the court’s application of the law.” Maroone Chevrolet, LLC v. Alvarado, 2022 WL 2444039, *2 (Fla. 4th DCA July 6, 2022) (citing State v. Hinman, 100 So. 3d 220, 220 n.1 (Fla. 3d DCA 2012)).

(8) Courts of Appeal can review whether the type of evidence is able to prove something under the standard of competent, substantial evidence. Maroone Chevrolet, LLC v. Alvarado, 2022 WL 2444039, *2 (Fla. 4th DCA July 6, 2022) (reversing because the evidence presented to the jury did not prove the diminished value of the plaintiff’s truck) (citing School Dist. of Indian River Cnty. v. Fla. Pub. Emps. Relations Comm’n, 64 So. 3d 723, 727 (Fla. 4th DCA 2011)).

(9) If “[t]he jury’s verdict . . . was based on incorrect calculations,” then the verdict is “not based on competent, substantial evidence.” Maroone Chevrolet, LLC v. Alvarado, 2022 WL 2444039, *2 (Fla. 4th DCA July 6, 2022).

(10) The standard of competent, substantial evidence is “viewed in a light most favorable to sustaining the order of dependency.” W. v. Dep’t of Children and Families, 2022 WL 2286076, *1 (Fla. 1st DCA June 24, 2022).

(11) A circuit court’s review of an agency decision is controlled by the standard of competent, substantial evidence, which “is tantamount to legally sufficient evidence.” Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089, 1092 (Fla. 2000); See also Miami-Dade Cnty. V. Publix Supermarkets, Inc., 305 So. 3d 668, 671 (Fla. 3d DCA 2020). However, district courts are not permitted to review the record evidence in an agency case, only a circuit court has jurisdiction. at 1093.

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