A recent Florida Supreme Court case has been published that reviewed a case regarding Hooker v Hooker. The issue of Donative Intent became an issue of the parties. The Supreme Court of Florida did not decide the fate of the issue of donative intent of the spouses but rather the appellate standard of review of the trial courts decision on donative intent.
The Florida Supreme Court said in its opinion that the trial court was correct in using “competent and substantial evidence.” “So instead of just determining whether or not there was competent evidence to support the trial court’s decision, the 4th (District) erred by actually reweighing the evidence and substituting their own judgment,”
In California if an order is appealed, the appellate court must use a standard of review of determining if there is substantial evidence that will support the family law courts orders. The appellate court cannot retry the case they are only to make inferences to make sure the trial court did not error on the use of the law.