JB Green Estate, LLC v. Fredric N. Karlton
CourtDistrict Court of Appeal of Florida
Date FiledNovember 4, 2026
Docket3D2024-2069
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed November 4, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D24-2069
Lower Tribunal No. 20-8909-CA-01
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JB Green Estate, LLC, et al.,
Appellants,
vs.
Fredric N. Karlton, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Thomas J.
Rebull, Judge.
Sanchez-Medina, Gonzalez, Quesada, Lage, Gomez & Machado LLP,
and Gustavo D. Lage and Augusto R. Lopez, for appellants.
Lerman & Whitebook, P.A., and Carlos D. Lerman (Hollywood); Law
Offices of Victor K. Rones, P.A., and Victor K. Rones, for appellees Fredric
N. Karlton and Beneficial Funding Corp.
Before SCALES, C.J., and BOKOR and GOODEN, JJ.
SCALES, C.J.
JB Green Estate, LLC, William Holly and KLIP Associates, Inc.
(collectively, “JB Green”) appeal an October 24, 2024 final judgment of
foreclosure in favor of appellees Fredric N. Karlton and Beneficial Loan Corp.
(together, the “Lender”), entered after a two-week bench trial. We write only
to address JB Green’s central argument on appeal: that the trial court’s
factual findings – notably, its finding that William Holly executed the subject
loan documents on behalf of JB Green – were not supported by competent,
substantial evidence.
JB Green first suggests that the trial court erred by not accepting its
handwriting expert’s testimony that Holly’s signatures on the loan documents
were forged. While a trial judge sitting as a fact-finder may not arbitrarily
disregard the testimony of an expert witness, the judge may disregard an
expert’s testimony if the judge provides a reasonable explanation for doing
so. See Coday v. State, 946 So. 2d 988, 1005 (Fla. 2006) (“While we have
given trial judges broad discretion in considering unrebutted expert
testimony, we have always required that rejection to have a rational basis.
For example, the expert testimony could be rejected because of conflict with
other evidence, credibility or impeachment of the witness, or other
reasons.”); see also Da Silva v. Labriola, 51 Fla. L. Weekly D1478, 2026 WL
2104174, at *8-9 (Fla. 3d DCA July 22, 2026).
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Here, the trial court gave two quite reasonable explanations for
disregarding the testimony of JB Green’s expert witness: (i) the expert’s
testimony was contradicted by the notary who testified that he actually
witnessed the signatures in question;1 and (ii) contrary to industry standards,
the expert reviewed only photocopies, rather than available originals, of the
relevant loan documents.
JB Green also argues that approximately two dozen of the factual
findings made by the trial court were unsupported by competent, substantial
evidence; therefore, cumulatively, they warrant reversal. We disagree. The
trial court entered a comprehensive, detailed final judgment adjudicating
several claims, counterclaims, and cross-claims. As the Lender’s briefing
notes, each of the trial court’s factual findings – including those challenged
by JB Green – are supported by record evidence.
JB Green misconstrues our standard of review by suggesting that the
trial court’s factual findings are not properly supported because JB Green
adduced competing evidence at trial. It is not within our purview to reweigh
the evidence. Keys Country Resort, LLC v. 1733 Overseas Highway, LLC,
324 So. 3d 988, 988 (Fla. 3d DCA 2021) (“[I]t is not our function to conduct
1
A different notary also witnessed Holly’s signatures on an earlier set of loan
documents that the Lender’s counsel had rejected.
3
a de novo review of the evidence, but simply to determine whether there
exists in the record competent substantial evidence to support the judgment
of the trial court[.]” (quoting Morey v. Everbank, 93 So. 3d 482, 489-90 (Fla.
1st DCA 2012))). Indeed, when conducting a review of whether factual
findings are supported by competent, substantial evidence, the reviewing
court looks only at the evidence supporting the findings, without regard to
competing evidence. See State, Dep’t of Highway Safety & Motor Vehicles
v. Wiggins, 151 So. 3d 457, 464 (Fla. 1st DCA 2014) (“The sole starting (and
ending) point is a search of the record for competent substantial evidence
supporting the decision.”). We do not disturb factual findings, such as those
made by the trial court below, that are supported by competent, substantial
evidence. Mowder v. Smith, 390 So. 3d 106, 109 (Fla. 3d DCA 2024).
Affirmed.
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