Accordingly, we do not reweigh testimony and evidence heard at trial; nor do we substitute our judgment for that of the trial court. See id. at 967 (holding substantial, competent record evidence supported the trial judge's finding of clear and convincing evidence that biological father abandoned his child; the father showed little interest in the birth mother or unborn child and provided no financial or emotional support); see also J.S. v. S.A., 912 So.2d 650 (Fla. 4th DCA 2005) (holding that record supported trial court's finding of abandonment where father delayed acknowledging paternity and child had been with adoptive parents for a significant period of time during which substantial bonding had occurred; father's actions fell short of showing a settled purpose to assume parental responsibilities for child); S.C. v. A.L.A, 736 So.2d 744 (Fla. 4th DCA 1999) (holding that father's lack of financial support and minimal contact and communication with child supported trial court's finding of abandonment). J.C.J. first learned about the child three weeks prior to its birth.
We are not permitted to reweigh the evidence or substitute our judgment for that of the trial court. See S.C. v. A.L.A., 736 So.2d 744 (Fla. 4th DCA 1999) (affirming trial court's finding of abandonment after applying standard of review which prohibits appellate court from reweighing testimony and evidence). Because the record sufficiently supports the court's ruling, we affirm the order excusing the father's consent and terminating his parental rights pending adoption.
A plea of recoupment which fails to aver that the contract, the breach of which is set up by way of recoupment, arose from or was in any way related to the transaction on which plaintiff's cause of action is based, is demurrable. Dalton v. Bunn, 152 Ala. 577, 44 So. 625; Farrow v. Riggins, 14 Ala. App. 529, 71 So. 963. Where damages sought to be recouped are averred as having been sustained not by the defendant but by a third person not a party to the suit, the plea setting up such damages is demurrable. Code 1923, § 8034; Gibbony v. Wayne, 141 Ala. 300, 37 So. 436; Jones v. Blair, 57 Ala. 457; Drennen v. Gilmore Bros., 132 Ala. 246, 31 So. 90, 90 Am. St. Rep. 902. A plea setting up in recoupment a claim against plaintiff must state facts constituting a legally subsisting cause of action, a present indebtedness. Lawton v. Ricketts, 104 Ala. 430, 16 So. 59; Light v. Henderson, 158 Ala. 200, 48 So. 588; Carolina Co. v. Ala. Co., 162 Ala. 380, 50 So. 332. Plea of accord and satisfaction, which fails to aver plaintiff accepted what was offered in satisfaction, fails to allege satisfaction. Ex parte Southern C. O. Co., 207 Ala. 704, 93 So. 662; Karter v. Fields, 140 Ala. 352, 37 So. 204; Colfax v. Buckeye Co., 24 Ga. App. 610, 101 S.E. 697; Groh v. Casualty Co., 155 Ill. App. 18. The condition attached to the payment of a smaller sum for a larger sum, that it be accepted in full satisfaction of the entire claim, may be waived by subsequent conduct of the debtor, and, where waived by acquiescence or consent, the debtor is estopped to plead accord and satisfaction. Burton v. Gorman Co., 22 Ohio App. 383, 153 N.E. 863; Fuller v. Kemp, 138 N.Y. 231, 33 N.E. 1034, 20 L.R.A. 785; Canton Co. v. Parlin, 215 Ill. 244, 74 N.E. 143, 106 Am. St. Rep. 162; Rauh v. Wolf, 59 Misc. Rep. 419, 110 N.Y. S. 923. A contract of employment for one year to begin in the future is void unless in writing and signed by the party to be charged. Code 1923, § 8034;