AL GOLDSTEIN ET AL., APPELLANTS,
v.
RICHARD B. STONE, APPELLEE
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This case involves an appeal where the appellate court affirmed the lower court's decision, adhering to the principle that a chancellor's findings based on conflicting evidence should not be disturbed unless clearly erroneous.
No, the appellate court should not disturb the findings of the Chancellor below because they were based on conflicting evidence and were not clearly shown to be erroneous.
“It is apparent to the Court upon perusal of the record that the Chancellor below based his findings upon conflicting evidence.”
Establishes the factual basis for the court's application of its legal standard.
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Join FLexlaw to unlock all legal intelligenceThe record and briefs were examined, and oral arguments were heard. The Chancellor below made findings based on conflicting evidence presented in the …
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PER CURIAM.
We have examined the record and the briefs of counsel in this cause and heard oral argument at the bar of this Court. It is apparent to the Court upon perusal of the record that the Chancellor below based his findings upon conflicting evidence. We follow the rule so often enunciated by the Supreme Court of this State that the findings of a Chancellor based upon conflicting evidence will not be disturbed unless clearly shown to be erroneous. Cobb v. Cobb, 82 Fla. 287, 89 So. 869; Grantham v. Grantham, 140 Fla. 120, 191 So. 197; Peterson v. Plancock, 146 Fla. 410, 1 So. 2d 255; Monyak v. Monyak, Fla., 43 So. 2d 903; Town of Howey in the Hills v. Graessle, Fla., 57 So. 2d 422, and Loew v. Friedman, Fla., 80 So. 2d 672. We find no reversible error in the record and therefore conclude that the cause should be, and it is hereby, affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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Tamiami GUN Shop v. Klein, 116 So. 2d 421 (Fla. 1959)…District Court of Appeal, Third District, is in direct conflict with former decisions of this court. Petitioner directed our attention principally to the cases of Turner v. Seegar, 1942, 151 Fla. 643, 10 So. 2d 320; Vandencar v. David, Fla.App.1957, 96 So. 2d 227, 66 A.L.R.2d 912; and Deane v. Johnston, Fla.1958, 104 So. 2d 3, 65 A.L.R. 2d 957. The facts of this case are relatively simple. This is a personal injury action in which the respondents sued the petitioner to recover damages caused when the respon…
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Leora Carroll and Martin Carroll v. Moxley, 241 So. 2d 681 (Fla. 1970)…modified the common law, in that it makes the dog owner the insurer against damage by his dog with certain exceptions, departing from the common law doctrines grounded in negligence. See Romfh v. Berman, 56 So. 2d 127 (Fla.1951); Vandercar v. David, 96 So. 2d 227 (Fla.App.3rd, 1957); Knapp v. Ball, 175 So. 2d 808 (Fla.App.3rd, 1965). It is concluded that Fla.Stat. § 767.04, F. S.A., supersedes the common law, only in those situations covered by the statute. It is next contended that the statute is unconstit…
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Donner v. Arkwright-Boston Mfrs. Mut. Ins. Co., 358 So. 2d 21 (Fla. 1978)…re the action is not grounded in negligence; rather, the owner of a dog acts as a virtual insurer with regard to injuries caused by his dog. Sand v. Gold, 301 So. 2d 828 (Fla. 3d DCA 1974); cert. denied 312 So. 2d 752 (Fla.1975); Vandercar v. David, 96 So. 2d 227 (Fla. 3d DCA 1957). We agree with petitioner that the jury should not have been instructed separately on assumption of risk but should have been charged solely on the defenses expressed in Section 767.04. Prior to legislative enactment, the common…1 / 2
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cobb v. Cobb, 82 Fla. 287 (Fla. 1921)
- Grantham v. Grantham, 140 Fla. 120 (Fla. 1939)
- Peterson v. Hancock, 146 Fla. 410 (Fla. 1941)
- Loew v. Friedman, 80 So. 2d 672 (Fla. 1955)