5D08-807 Mirabile v. Mirabile

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-807

Case Date: 02/16/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

JOYCE MIRABILE, Appellant/Cross-Appellee, v. PAUL J. MIRABILE, PERSONAL, ETC., Appellee/Cross-Appellant. ________________________________/ Opinion filed February 20, 2009 Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge. Joyce Mirabile, Orlando, for Appellant/Cross-Appellee. F. Douglas McKnight, Orlando, for Appellee/Cross-Appellant. Case No. 5D08-807

GRIFFIN, J. Joyce M. Mirabile ["Joyce"] appeals the trial court's entry of final judgment in favor of John L. Mirabile1 ["John"], finding that Joyce violated Florida's Adult Protective Services Act, section 415.101-415.113, Florida Statutes (2006) and awarding actual and compensatory damages, pre-judgment interest, costs, and attorney's fees that totaled $177,494.47. John cross-appeals the trial court's entry of final judgment as to the trial court's award of damages. John died on September 11, 2008, and this Court

1

John is Joyce's father.

granted Paul J. Mirabile's2 motion for his substitution as the appellee/cross-appellant in the instant case. We affirm in all respects. The evidence is ample to support the trial court's conclusion that John was a "vulnerable adult" under the statute. The question whether he was exploited turned on the credibility of the witnesses, which was a matter for the trial court. The trial court chose to believe John's version of events.3 AFFIRMED. MONACO and COHEN, JJ., concur.

2

Paul is John's son and the personal representative of John's estate. We find no merit to the cross-appeal. 2

3

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