LESLIE A. KUHN, EUGENE A. VAN VOORHIS, AND RUSSELL H. KUHN, APPELLANTS,
v.
JAMES WALTER TELFORD, APPELLEE

Fla. | 1957-11-08
TERRELL, C. J., HOBSON, THORN-AL, and O’CONNELL, JJ., concur., WIGGINTON, District Judge, dissents.
98 So. 2d 85 Florida Supreme Court (1957) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to Rule 3.9(c) of the rules of this Court and it appearing to the Court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument;

It is accordingly ordered, adjudged and decreed that the motion to affirm the judgment appealed from be, and the same is, hereby granted, and the. judgment is

Affirmed.

TERRELL, C. J., HOBSON, THORN-AL, and O’CONNELL, JJ., concur. WIGGINTON, District Judge, dissents.


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  • Carol City Utils., Inc. v. Gaines Constr. Co., 201 So. 2d 242 (Fla. 3d DCA 1967)
    …bitrator are not generally to be examined by a trial court or an appellate court in determining how the arbitrator arrived at his award. See: Ogden v. Baile, 73 Fla. 1103, 75 So. 794; Merritt-Chapman & Scott Corp. v. State Road Department, Fla.1957, 98 So. 2d 85. See also: Griffith Company v. San Diego College for Women, 45 Cal.2d 501, 289 P. 2d 476, 47 A.L.R.2d 1349. And, these proceedings are not normally part of the award record. See: Ogden v. Baile, supra. It is incumbent upon the party pursuing the mot…
  • Kuhn v. Telford, 115 So. 2d 36 (Fla. 2d DCA 1959)
    …tion to affirm the trial court’s ruling under the then existing rule. The Supreme Court granted the motion and affirmed the judgment by per curiam opinion, holding that the questions raised were without substantial merit. Kuhn v. Telford, Fla. 1957, 98 So. 2d 85. The case then came on for a second trial. Upon completion of all of the evidence in the case the plaintiff made a motion for a directed verdict on the question of liability. The Court granted the motion and instructed the jury in that regard, dire…
  • Fraternal Order OF Police v. City OF Miami, 598 So. 2d 89 (Fla. 3d DCA 1992)
    …. 1103, 75 So. 794, 797 (1917). See also, Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989) (arbitration award operates as final and conclusive judgment; judicial review is limited); Merritt-Chapman & Scott Corp. v. State Road Dept., 98 So. 2d 85 (Fla.1957) (courts will not substitute their judgment for that of arbitrators); Complete Interiors, Inc. v. Behan, 558 So. 2d 48 (Fla. 5th DCA), rev. denied, 570 So. 2d 1303 (Fla.1990) (courts are to exercise limited judicial review of arbitration a…

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