Stds of Review: Appellate review of trial before judge (not jury)

From Davis v. Davis, COA, Published, 4/1/2011

Because this matter was tried without a jury, Kentucky Rules of Civil Procedure (CR) 52.01 applies to our review:
In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment[.] . . . Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. . . .

“On appeal, if a trial court’s findings are supported by substantial evidence, those findings will be upheld as not being clearly erroneous.” Waters v. City of Pioneer Village, 299 S.W.3d 278, 280 (Ky. App. 2009). Substantial evidence is defined as “evidence, when taken alone or in light of all the evidence, which has sufficient probative value to induce conviction in the mind of a reasonable person.” Hunter v. Hunter, 127 S.W.3d 656, 659 (Ky. App. 2003). This Court’s review of a trial court’s application of law to sufficiently supported facts is de novo. Waters, 299 S.W.3d at 280.

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