HERNANDEZ v. CARDENAS (2019)

District Court of Appeal of Florida, Fifth District.

Dario HERNANDEZ, Appellant, v. Claudia CARDENAS, Appellee.

Case No. 5D19-418

Decided: September 13, 2019

Christopher M. Sprysenski, of The Florida Family Firm, Altamonte Springs, for Appellant. Jessica D. Thomas, of Thomas Law Firm, PLLC, Orlando, for Appellee.

Dario Hernandez contends the trial court erroneously rejected his “uncontradicted” evidence. We do not accept the view that Hernandez's evidence was uncontradicted. Nevertheless, “[t]he finder of fact is not required to believe the testimony of any witness, even if unrebutted.” City of Orlando Police Dep't v. Rose, 974 So. 2d 554, 555 (Fla. 5th DCA 2008) (citing Dep't of High. Saf. & Motor Veh. v. Dean, 662 So. 2d 371 (Fla. 5th DCA 1995); State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994)).

AFFIRMED.

PER CURIAM.

ORFINGER and SASSO, JJ., and JACOBUS, B.W., Senior Judge, concur.

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