ANTOLIN ALLES, APPELLANT,
v.
FERNANDO DIAZ, APPELLEE
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The Florida Supreme Court affirmed a lower court's dismissal of a partnership dissolution claim, finding sufficient evidence supported the defendant's exclusive right to the property based on prior conveyances.
No, the trial court did not err. There was ample evidence to sustain the finding in favor of the defendant, and the rights of the parties were deemed fixed by their own actions, with no clear evidence of unilateral fraud.
“The testimony is conflicting, but there is ample evidence to sustain the finding in favor of the defendant.”
This quote establishes the court's basis for affirming the lower court's decision, emphasizing the sufficiency of evidence.
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Join FLexlaw to unlock all legal intelligenceAppellant filed a bill seeking to dissolve an alleged copartnership and obtain a receiver and accounting. Appellee admitted a former partnership but d…
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Per Curiam.
— The appellant filed a bill to dissolve an alleged copartnership with appellee and for a receiver and an accounting. The answer admitted a former partnership, but denied the then existence of a partnership and asserted an exclusive right to the property by virtue of conveyances for value made by the complainant to the defendant more than four years before this suit was brought. Replication was filed and voluminous, testi incmy was taken. The chancellor dismissed the bill and denied an application for a rehearing, and the complainant appealed.
Conveyances of property used by the former partnership and the possession of the defendant thereunder were shown in evidence. The complainant undertook to show that the asserted conveyances were not made for the purpose of depriving him of his right therein, but for other purposes personal to the complainant.
The testimony is conflicting, but there is ample evidence to sustain the finding in favor of the defendant. No rights of third parties are involved. The rights of the parties between themselves should be left as they themselves fixed them, no unilateral fraud or over-reaching being made to clearty appear as against the finding of the chancellor. See Baxter v. Liddon, 62 Fla. 428, 56 South. Rep. 410.
The decree is affirmed.
Whitfield, C.. J., and Shackleford and Cocicrelc, J. J., concur;
Taylor, Hocker and Parkhill, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carney v. Stringfellow, 73 Fla. 700 (Fla. 1917)…782; Georgia [*704] Southern & F. R. Co. v. Hamilton Lumber Co., 63 Fla. 150, 58 South. Rep. 838; Mizell Live Stock Co. v. Pollard, 71 Fla. 192, 71 South. Rep. 31; Aberson v. Atlantic Coast Line R. Co., 68 Fla. 196, 67 South. Rep. 44; Alles v. Diaz, 62 Fla. 421, 57 South. Rep. 614; Beverly v. Hardaway, 66 Fla. 177, 63 South. Rep. 702; Louisville & N. R. Co. v. Wade, 49 Fla. 179, 38 South. Rep. 49; Citizens Bank & Trust Co. v. Spencer, 46 Fla. 255, 35 South. Rep. 73; Acosta v. Gingles, 65 Fla. 507, 62 South…
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Phinney v. Phinney, 77 Fla. 850 (Fla. 1919)…ed rule of this court that where the testimony is conflicting but there is ample evidence to support the finding of the chancellor, the decree will not be recersed on the evidence. Sheppard v. Crowley, 61 Fla. 735, 55 South. Rep. 841; Alles v. Diaz, 62 Fla. 421, 57 South. Rep. 614; Gillett v. Beachman, 63 Fla. 438, 57 South. Rep. 615; Millinor v. Thornhill, 63 Fla. 531, 58 South. Rep. 34; Tampa Water Works Co. v. City of Tampa, decided at this term of the court. The right of the former wife to. be awarded…
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Kight v. Am. Eagle Fire Ins. Co. of N.Y., 131 Fla. 764 (Fla. 1938)…. Rep. 782; Georgia Southern & F. R. Co. v. Hamilton Lumber Co., 63 Fla. 150, 58 South. Rep. 838; Mizell Live Stock Co. v. Pollard, 71 Fla. 192, 71 South. Rep. 31; Aberson v. Atlantic Coast Line R. Co., 68 Fla. 196, 67 South. Rep. 44; Alles v. Diaz, 62 Fla. 421, 57 South. Rep. 614; Beverly v. Hardaway, 66 Fla. 177, 63 South. Rep. 702; Louisville & N. R. Co. v. Wade, 49 Fla. 179, 38 South. Rep. 49; Citizens Bank & Trust Co. v. Spencer, 46 Fla. 255, 35 South. Rep. 73; Acosta v. Gingles, [*771] 65 Fla. 507, 6…
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- Baxter v. Liddon, 62 Fla. 428 (Fla. 1911)