JAY CRESWELL AND ALICE CRESWELL, HIS WIFE, APPELLANTS,
v.
WEST CONSTRUCTION COMPANY, INC., APPELLEE
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The appellate court affirmed the lower court's decision, holding that when a master's findings are based on conflicting evidence and are adopted by the chancellor who reviews the record, the decision will not be disturbed on appeal unless clearly erroneous.
The lower court's decision should not be disturbed because it was based on conflicting evidence, and the chancellor's review found substantial support in the record for the master's conclusions.
“It is apparent to the court upon perusal of the record that the general master to whom the case had been referred, based his findings upon conflicting evidence.”
Establishes the nature of the evidence considered by the master.
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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 general master to whom the case had been referred, based his findings upon conflicting evidence. An experienced chancellor reviewed the record and found that the master’s conclusions and recommendations were substantially supported in the record, and which were adopted by the court and made a part of the final decree by reference. We follow the rule that the decision of the court below, based upo'n conflicting evidence, will not be disturbed unless clearly shown to be erroneous. See Peterson v. Hancock, 1941, 146 Fla. 410, 1 So. 2d 255; Loew v. Friedman, Fla.1955, 80 So. 2d,672.
We find no reversible error in the record and therefore conclude that the case should be, and it is hereby, affirmed.
KANNER, C. J., and PLEUS and ALLEN, JJ., concur.
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Sakolsky v. The City OF Coral Gables, 151 So. 2d 433 (Fla. 1963)…ings, Fla.1950, 44 So. 2d 808; Bregar v. Britton, Fla.1954, 75 So. 2d 753; Gross v. [*434] City of Miami, Fla.1953, 62 So. 2d 418; Sharrow v. Dania, Fla.1955, 83 So. 2d 274; City of Fort Lauderdale v. Lauderdale Industrial Sites, Inc., Fla.App.1957, 97 So. 2d 47; City of Miami v. State ex rel. Ergene, Inc., Fla.App.1961, 132 So. 2d 474; City of Jacksonville v. Waldrep, Fla.1953, 63 So. 2d 768; Voelker v. Combined Ins. Co. of America, Fla.1954, 73 So. 2d 403. See also Frink v. Orleans Corp., 159 Fla. 646, 32…
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State of Fla. ex rel. Jaytex Realty Co. v. Green, 105 So. 2d 817 (Fla. 1st DCA 1958)…appearing in the cases of Miami Shores Village v. Wm. N. Brockway Post No. 124 of American Legion, 156 Fla. 673, 24 So. 2d 33; Sharrow v. City of Dania, Fla., 83 So. 2d 274; and City of Fort Lauderdale v. Lauderdale Industrial Sites, Inc., Fla.App., 97 So. 2d 47. The record in this case shows no justification for the application of the doctrine of equitable estoppel. All other questions and principles of law raised by appellant are fully and completely discussed and answered in the above cited cases. The ju…
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The City OF Boynton Beach v. The Most Reverend Coleman F. Carroll, 272 So. 2d 171 (Fla. 4th DCA 1973)…ania, 83 So. 2d 274 (Fla.1955); Miami Shores Village v. Wm. N. Brockway Post No. 124, 156 Fla. 673, 24 So. 2d 33 (1945); State ex rel. Jaytex Realty Co. v. Green, 105 So. 2d 817 (Fla.App.1958); City of Fort Lauderdale v. Lauderdale Industrial Sites, 97 So. 2d 47 (Fla.App.1957); 101 C.J.S. Zoning § 261 (1958); 8 E. McQuillan, Municipal Corporations, Zoning §§ 25.155-56 (3d Ed. Rev.1957); See Broach v. Young, supra; but see City of Hollywood v. Pettersen, 178 So. 2d 919 (Fla.App.1965). It follows then, and it…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Peterson v. Hancock, 146 Fla. 410 (Fla. 1941)