PAN AMERICAN STONE CO., INC., A FLORIDA CORPORATION, APPELLANT,
v.
GWENETH C. LANDRY, APPELLEE

Fla. 4th DCA | 1988-06-08
Nos. 87-0803, 87-1979
LETTS and GLICKSTEIN, JJ., concur.
526 So. 2d 197 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 1 case

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Holding

The court held that a trial court's decision will be affirmed if supported by the evidence, even if the reasoning is flawed.


Facts & Procedural History

Appellant appealed a finding that a promissory note merged into a settlement agreement and that appellant breached the agreement by refusing to allow …

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Opinion of the Court
HERSEY, Chief Judge.

HERSEY, Chief Judge.

From a finding that a promissory note merged into a settlement agreement and that appellant breached that agreement by refusing to permit appellee “to come in and remove inventory” in satisfaction of the note, the obligor takes this appeal.

Appellee filed no cross appeal of the trial court’s finding that the promissory note merged into the settlement agreement. It is clear, however, that the promissory note remains a viable instrument, there having been no accord and satisfaction, novation or modification by substitution. The settlement agreement merely established alternative times and methods of payment.

There is no support for the finding in the final judgment that appellant breached the settlement agreement by preventing appel-lee from removing any inventory. Indeed, there is no showing of a demand for inventory by appellee. Accordingly, the finding of breach of the settlement agreement must fail. The debtor, however, ackhowl-edges the indebtedness although he disputes the way in which it is to be paid.

We are convinced by our review of the record that the money is owed and that the appellee is not limited to recovering only inventory or proceeds from the sale of inventory. Accordingly, we conclude that the final judgment in favor of appellee was the right decision, albeit for the wrong reason. As stated in Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979),

The written final judgment by the trial court could well be wrong in its reasoning, but the decision of the trial court is primarily what matters, not the reasoning used.

Even when based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it.

Accordingly, we affirm.

LETTS and GLICKSTEIN, JJ., concur.


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  • Tropical Airways, Inc. v. Aeronautical Support, Inc., 561 So. 2d 5 (Fla. 3d DCA 1990)
    …3d DCA 1984), decision approved, 480 So. 2d 625 (Fla.1985); Neil v. South Fla. Auto Painters, Inc., 397 So. 2d 1160 (Fla. 3d DCA 1981); Partnership Properties Co. v. Sun Oil Co., 552 So. 2d 246 (Fla. 1st DCA 1989); Pan Am. Stone Co., Inc. v. Landry, 526 So. 2d 197 (Fla. 4th DCA 1988).…

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