APPELLATE PRACTICE — Re-Evaluation of Evidence — Permissible After Expunging Inadmissible Evidence if Credible Evidence Remains

Appellate courts generally defer to trial judges on factual findings due to their advantage of observing witnesses. However, this deference ceases when findings are perverse—against the weight of evidence—or when inadmissible evidence is improperly relied upon. In such cases, the appellate court must expunge the…