LOIS ROLLINS, APPELLANT,
v.
EARL PHILLIPS, APPELLEE
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The appellate court affirmed the trial court's judgment, finding no reversible error.
Appellant sought to set aside a warranty deed to her home based on fraud and lack of consideration. The trial court ruled against her counterclaim.…
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PER CURIAM.
Appellant seeks review of a final judgment entered against her on her counterclaim against appellee in which she sought to set aside a warranty deed to her home given by her to the appellee, on the grounds of fraud and lack of consideration.
The trial court ruled that appellant’s counterclaim was without merit and not based upon competent and substantial evidence. We agree and affirm.
We have carefully considered all points on appeal in the light of the record, briefs and arguments of counsel and have concluded that no reversible error has been shown. All of the points raised by the appellant are dependent upon issues of fact resolved adversely to her by the trial judge.
It is a well settled rule that where evidence is heard by the trier of fact and the witnesses are before him, his findings based upon conflicting evidence should not be disturbed by an appellate court, if the record contains substantial competent evidence to sustain the judgment. Hull v. Miami Shores Village, 435 So. 2d 868 (Fla. 3d DCA 1983); Golden v. Golden, 434 So. 2d 978 (Fla. 3d DCA 1983); Mann v. Price, 434 So. 2d 943 (Fla. 2d DCA 1983); S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So. 2d 940 (Fla. 3d DCA 1982).
Although we find much of the evidence in this case to be conflicting, it is our view that the record contains ample evidence to sustain the judgment appealed.
Affirmed.
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Banderas v. Banco Central del Ecuador, 461 So. 2d 265 (Fla. 3d DCA 1985)…he trial court found that there was substantial, competent evidence to prove that the appellants engaged in all of the complained of acts in furtherance of the scheme and conspiracy. We will not disturb these findings on appeal. Rollins v. Phillips, 444 So. 2d 1160 (Fla. 3d DCA 1984); Hull v. Miami Shores Village, 435 So. 2d 868 (Fla. 3d DCA 1983). Because of appellants’ refusal to testify, there was little direct evidence, but substantial circumstantial evidence, which linked these appellants with the conspi…
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Peacock v. Farmers & Merchs. Bank, 454 So. 2d 730 (Fla. 1st DCA 1984)…ing process is for the trier of fact, not this court. The only question here is whether substantial competent evidence supports the factual findings made below. Singer Housing Company v. Wren, 390 So. 2d 428 (Fla. 1st DCA 1980), Rollins v. Phillips, 444 So. 2d 1160 (Fla. 3d DCA 1984), Mann v. Price, 434 So. 2d 943 (Fla. 2d DCA 1983), Veda Contract, Inc. v. Lynch, 444 So. 2d 1093, 1094 (Fla. 4th DCA 1984). Mr. Wright’s testimony, if believed, supplies ample evidence in support of the trial court’s finding below…
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Patria Publ'ns, Inc. v. Eladio Armesto & Periodico Patria, Inc., 593 So. 2d 574 (Fla. 3d DCA 1992)…So. 2d 629 (trial court’s findings of fact presumed correct), review dismissed, 427 So. 2d 737 (Fla.1982); Marrone v. Miami National Bank, 507 So. 2d 652 (Fla. 3d DCA 1987) (substantial evidence supported trial court’s finding); Rollins v. Phillips, 444 So. 2d 1160 (Fla. 3d DCA 1984) (although much of evidence is conflicting, record contained sufficient evidence to sustain judgment). The only way we could reverse the trial court’s judgment would be by reevaluating the testimony and evidence presented to that…
Authorities Cited
- Hull v. Miami Shores Vill. & Edward A. McCarthy, 435 So. 2d 868 (Fla. 3d DCA 1983)
- S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So. 2d 940 (Fla. 3d DCA 1982)
- Mann v. Price, 434 So. 2d 943 (Fla. 2d DCA 1983)
- Golden v. Golden, 434 So. 2d 978 (Fla. 3d DCA 1983)