TATUM BROTHERS REAL ESTATE AND INVESTMENT COMPANY, A CORPORATION, APPELLANT,
v.
FRANK OSBORN AND WIFE, VIOLA L. OSBORN, AND PERCY L. WATSON, APPELLEES
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The Florida Supreme Court affirmed a lower court's decision, finding that the chancellor's factual findings were not clearly erroneous. The court applied the standard of review for factual disputes, deferring to the trial court's assessment of conflicting evidence.
The court held that the chancellor's findings were not clearly erroneous and therefore should not be disturbed. The appellate court deferred to the trial court's assessment of the evidence.
“In this case there is an issue of fact, and as is usual there is a conflict in the evidence.”
Establishes the nature of the dispute as a factual one with conflicting evidence.
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Join FLexlaw to unlock all legal intelligenceThe case involved a factual dispute where the chancellor (the judge in the lower court) ruled in favor of the defendants. The opinion does not detail …
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Horne, Circuit Judge
-In this case there is an issue of fact, and as is usual there is a conflict in the evidence. The chancellor found for the defendants, and his finding not being clearly erroneous should not be disturbed. Sheppard v. Crowley, 61 Fla. 735, 55 South. Rep. 841; Robinson Point Lumber Co. v. Johnson, 63 Fla. 562, 58 South. Rep. 841; Millinor v. Thornhill, 63 Fla. 531, 58 South. Rep. 34; Dixie Naval Stores Co. v. German-American Lumber Co., 76 Fla. 339, 79 South. Rep. 836.
The decree is affirmed at the cost of appellant.
Per Curiam. — The record in this cause having been considered by this court, and the foregoing opinion prepared under Chapter 7837, Acts of 1919, adopted by the court as its opinion, it is considered, ordered and adjudged by the court that the decree herein be and the same is hereby affirmed.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Travis v. Sim Travis, 81 Fla. 309 (Fla. 1921)…taken before the chancellor, and the rule is that where the testimony is conflicting, but there is evidence to support the finding of the chancellor, the decree will not be reversed unless it clearly appears to be erroneous. Hill v. Beacham et al., 79 Fla. 130, 85 South. Rep. 117; Douglas et al., v. Ogle, 80 Fla. 12, 85 South. Rep. 243; Whidden v. Rogers, Jr., Trustee, 78 Fla. 98, 82 South. Rep. 611; Boyd v. Gosser, 78 Fla. 61, 82 South. Rep. 758; Brickell v. Town of Ft. Lauderdale, 75 Fla. 622, 78 South.…
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Day v. Weadock, 101 Fla. 333 (Fla. 1931)…ired by the Federal Equity Practice. Whete made in cases pending in our State Courts, this Court will not reverse the decree where the evidence is conflicting but sufficient to sustain the findings of fact so made. Tatum Brs. v. Osborne, 83 So. 703, 79 Fla. 130; Com. Bank v. First National Bank. 87 So. 315, 80 Fla. 685. The practice of making findings of fact in equity causes is not only commendable, but tends to greatly facilitate the disposition of the cause in an appellate court, where the findings ser…
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Marcus v. Hull, 142 Fla. 306 (Fla. 1939)…and consequentl}'- its decree is not on a par with the verdict of a jur)c However, its conclusion will not be’ disturbed unless it clearly appears to be erroneous. Bowery v. Babbitt, 99 Fla. 1151, 128 So. 801; Tatum Bros. Real Estate Co. v. Osborn, 79 Fla. 130, 83 So. 703; Gollnick v. Barker, 94 Fla. 885, 114 So. 527; Lucas v. Wade, supra. This case necessarily brings for the consideration of this court the application of Section 5724, Compiled General Laws 1927, which reads as follows: “All deeds of co…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cleavey P. Sheppard v. Crowley, 61 Fla. 735 (Fla. 1911)
- Dixie Naval Stores Co. v. German-American Lumber Co., 76 Fla. 339 (Fla. 1918)
- Millinor v. Thornhill, 63 Fla. 531 (Fla. 1912)
- Robinson Point Lumber Co. v. Johnson, 63 Fla. 562 (Fla. 1912)