Opinion
Case No. 6D23-374
05-26-2023
Eric Merven PIPHER, Appellant, v. Pamela Jean PIPHER, Appellee.
David W. Holley, of Burandt, Adamski, Feichthaler & Sanchez, PLLC, Cape Coral, for Appellant. Stacey L. Haverfield, of Stacey L. Haverfield, P.A., Fort Myers, for Appellee.
David W. Holley, of Burandt, Adamski, Feichthaler & Sanchez, PLLC, Cape Coral, for Appellant.
Stacey L. Haverfield, of Stacey L. Haverfield, P.A., Fort Myers, for Appellee.
PER CURIAM.
Eric Pipher appeals the issuance of a Final Judgment of Injunction for Protection Against Domestic Violence. The petitioner was Mr. Pipher's then-wife, Pamela Pipher.
This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.
The final hearing consisted primarily of the testimony of Mrs. Pipher and Donald Fitch. Mrs. Pipher had removed a substantial amount of money from the parties’ bank account, after which Mr. Pipher changed the locks on their home. The incident of domestic violence was alleged to have occurred when Mrs. Pipher returned from a trip out of town and attempted to enter the house. Mrs. Pipher testified that Mr. Pipher pushed her against the wall with one hand, put the other hand around her throat, and threatened to kill her. Fitch testified that Mrs. Pipher was the aggressor; she was belligerent and screaming and pushed Mr. Pipher as she tried to enter the house.
As in all cases such as this, the trial court was required to determine the credibility of the witnesses. It did so and found the facts adverse to Mr. Pipher. It is not the role of this Court to second-guess that decision. See Lahodik v. Lahodik , 969 So. 2d 533, 535 (Fla. 1st DCA 2007) ("It is well-established that the appellate court does not re-weigh the evidence or the credibility of witnesses."); see also Jeffries v. Jeffries , 133 So. 3d 1243, 1244 (Fla. 1st DCA 2014) ("It was the responsibility of the trial court to determine the credibility of the witnesses and to resolve the conflicts in the evidence.").
AFFIRMED.
COHEN, STARGEL and WHITE, JJ., concur.