Heleringer v. Brown

I concur in the result announced by the majority opinion because the decision of the Franklin Circuit Judge was not clearly erroneous. It is an unquestioned fundamental rule of appellate practice that the judgment of the trier of fact should be affirmed if it is free of error. Findings of fact in support of a judgment should not be set aside unless clearly erroneous with due regard being given to the opportunity of the trial judge to consider the credibility of the witnesses. CR 52.01. Obviously, the trial judge is in the very best position to ascertain the credibility of those who testify…