Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)

Citation: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002) 2.
Parent Document: Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-09-09
Original Source: https://www.courtlistener.com/opinion/6578571/wesson-v-leone-enterprises-inc/ ↗

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2. Standard of review. In a jury-waived trial, the judge’s findings of fact are accepted unless they are clearly erroneous. See Kendall v. Selvaggio, 413 Mass. 619, 620 (1992), and cases cited. “On the other hand, to ensure that the ultimate findings and conclusions are consistent with the law, we scrutinize without deference the legal standard which the judge applied to *713the facts. . . . Thus, the ‘clearly erroneous’ standard of appellate review does not protect findings of fact or conclusions based on incorrect legal standards.” (Citations omitted.) Id. at 621.

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