BJARNE B. ANDERSEN, JR. AND SUN BANK OF DAYTONA BEACH, AS CO-EXECUTORS OF THE ESTATE OF BJARNE B. ANDERSEN, DECEASED, APPELLANTS,
v.
IN RE THE ESTATE OF BJARNE B. ANDERSEN, DECEASED, APPELLEE

Fla. 1st DCA | 1978-12-05
No. JJ-147
BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.
372 So. 2d 485 Florida District Court of Appeal, First District (1978) Negative Treatment
Cited by 16 cases
Topics
Trial Court Findings Presumption Of Correctness Of Trial Court Findings Standard Of Appellate Review Presumption Of Correctness

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Opinion of the Court
PER CURIAM.

PER CURIAM.

It matters not that we, were we sitting as triers of the facts, would have arrived at a conclusion different from that of the learned trial court. The record of this case reveals competent evidence favorable to the appellee which the trial court apparently believed. We are bound, thereby. The appellee cites, and the appellant seeks to distinguish, Weeks v. Weeks, 143 Fla. 686, 197 So. 393 (1940). We do not find it necessary to rely upon that opinion, agreeing that it is distinguishable. We find, however, that we have no alternative, under the evidence revealed by the record on appeal, but to lend to the findings and conclusions of the trial court a presumption of correctness. The final judgment here appealed is therefore

AFFIRMED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.

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  • Aspen v. Bayless, 564 So. 2d 1081 (Fla. 1990)
    …y by parties who have paid costs or incurred liability to do so? 552 So. 2d at 301. In Hough the fifth district certified conflict with Aspen, Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989), and City of Boca Raton v. Boca Villas Corp., 372 So. 2d 485 (Fla. 4th DCA 1979). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We hold that a party is not precluded from recovering costs under Florida Rule of Civil Procedure 1.442, or after judgment in its favor, when som…
  • Rondoe Marie Williams v. Jeannine O. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991)
    …5 So. 2d 942 (Fla. 5th DCA 1990) (and disapproving the cases relied upon by the plaintiff: Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989); Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989); and City of Boca Raton v. Boca Villas Corp., 372 So. 2d 485 (Fla. 4th DCA 1979)). See also Royster v. Van Der Meulen, 564 So. 2d 1204 (Fla. 1st DCA 1990). .See e.g., Florida Standard Jury Instructions in Criminal Cases 2.04(a); Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). See als…
  • Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989)
    …not ultimately pay for same and any costs paid for which were incurred in her name, were reimbursed to her counsel or paid for by her insurance carrier, State Farm Mutual Automobile Insurance Company,” citing City of Boca Raton v. Boca Villas Corp., 372 So. 2d 485 (Fla. 4th DCA 1979) and Lafferty v. Tennant, 528 So. 2d 1307 (Fla. 2d DCA 1988). This appeal followed. Florida Rule of Civil Procedure 1.442 provides that “[a]t any time more than ten days before trial begins a party defending against a claim may s…

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