RICHARD HAYWOOD, A/K/A, MARVIN E. BLACKSHEAR, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (19 total)

• Lonergan v. Est. OF Ethel L. Budahazi, 669 So. 2d 1062 (Fla. 5th DCA 1996)
  …e its judgment for that of the trial court unless there is a lack of competent substantial evidence to support the findings upon which a final judgment is based. Dourado v. Chousa, 604 So. 2d 864 (Fla. 5th DCA 1992); Clegg v. Chipola Aviation, Inc., 458 So. 2d 1186 (Fla. 1st DCA 1984); Hernandez v. Leiva, 391 So. 2d 292 (Fla. 3d DCA 1980). In Florida, when a will known to have existed prior to the testator’s death is lost, and its loss cannot be explained, a rebut-table presumption arises that the testator de…
• Miller v. Miller, 842 So. 2d 168 (Fla. 1st DCA 2003)
  …e evidence or to substitute our judgment for that of the trial court.” Cole Taylor Bank v. Shannon, 772 So. 2d 546, 552 (Fla. 1st DCA 2000) (quoting Smith v. Sears, Roebuck & Co., 681 So. 2d 871 (Fla. 1st DCA 1996)); Clegg v. Chipola Aviation, Inc., 458 So. 2d 1186, 1187 (Fla. 1st DCA 1984). The appellate court merely determines whether the trial court’s judgment is supported by substantial competent evidence. Cole Taylor Bank, 772 So. 2d at 552; Smith, 681 So. 2d at 871; Clegg, 458 So. 2d at 1187. In this ca…
• Chrysler Corp. v. Weinstein, 522 So. 2d 894 (Fla. 3d DCA 1988)
  …hat at the outset of the litigation it appeared more likely than not that plaintiff would succeed in her claim. Since such a finding was within the discretion of the trial judge, this court will not substitute its judgment for his. Haywood v. State, 458 So. 2d 1186, 1187 (Fla. 1st DCA 1984); Puritz v. Rosen, 442 So. 2d 278, 280 (Fla. 4th DCA 1983). We, therefore, conclude that the enhancement factor of 1.5 applied by the trial court was proper. See Appalachian, Inc. v. Ackmann, 507 So. 2d 150, 154 (Fla. 2d DCA…

Authorities Cited

• Blackshear v. State, 455 So. 2d 555 (Fla. 1st DCA 1984)