MARK PAUL FROMAN, APPELLANT/CROSS-APPELLEE,
v.
JANET LEE BROOKS FROMAN, APPELLEE/CROSS-APPELLANT

Fla. 3d DCA | 1984-11-06
No. 84-473
Before HENDRY, BASKIN and FERGUSON, JJ.
458 So. 2d 833 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 22 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant/husband challenges the court’s award of certain marital property to the wife and an award of $1,000 per month in permanent alimony. By cross-appeal, the wife contends that the alimony award is inadequate.

It is evident from the record that the trial judge labored at reaching what he obviously felt to be a fair disposition of the issues. In the process he was required to resolve sharp disputes in the evidence as to the amount and value of the marital assets. We could reverse only by reweighing the evidence and credibility of the witnesses— which an appellate court is not permitted to do. See Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976). No abuse of discretion has been clearly demonstrated. See Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

  • Futch v. Head, 511 So. 2d 314 (Fla. 1st DCA 1987)
    …ed in anticipation of some future performance by Head; Head testified his performance was already complete when the document was created. It is not the function of an appellate court to reweigh evidence or credibility of witnesses. Froman v. Froman, 458 So. 2d 833 (Fla. 3d DCA 1984). The trial judge implicitly rejected Futch’s testimony that the commission agreement between her and Head applied to some future task which Head was to perform, and this determination appears to have been amply supported by the re…
  • Lahodik v. Lahodik, 969 So. 2d 533 (Fla. 1st DCA 2007)
    …tial evidence. It is well-established that the appellate court does not re-weigh the evidence or the credibility of witnesses. See Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); Futch v. Head, 511 So. 2d 314, 317 (Fla. 1st DCA 1987); Broman v. Froman, 458 So. 2d 833 (Fla. 3d DCA 1984). Similarly, the appellate court does not assess whether it is possible to recite contradictory record evidence which supports arguments rejected below, nor does it retry the case or substitute its judgment for the trial court’s on…
  • G & G Fashion Design, Inc. v. Garcia, 870 So. 2d 870 (Fla. 3d DCA 2004)
    …evidence and the credibility of the witnesses — a function not ascribed to this court. See Cole v. Cole, 723 So. 2d 925, 927 (Fla. 3d DCA 1999); Citibank, N.A. v. Julien J. Studley, Inc., 580 So. 2d 784, 785-86 (Fla. 3d DCA 1991); Froman v. Froman, 458 So. 2d 833, 833 (Fla. 3d DCA 1984). Finding no reversible error in the remainder of the issues raised by the appellants, we affirm. . The record confirms, as the final judgment notes, that Ghilardi’s and Younkin's "expert” was not hired to value, nor did she…

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