Exxon Corp. v. Butler

I must respectfully dissent from the majority opinion. While I agree with the majority that the “any evidence” rule applies to the findings made by a trial court in a bench trial, my review of the rec*148ord turns up no competent evidence to support the trial court’s findings of temporary mutual departure. Obviously, this is a case akin to David and Goliath. The majority opinion gives great weight to the fact that Exxon failed to notify Butler promptly of a stolen credit card. No matter how emotionally satisfying reliance on this aspect of the case may be, nonetheless, under the competent…