THE CITY OF MIAMI, A MUNICIPAL CORPORATION, IN DADE COUNTY, EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,

v.

THOMAS R. HAMILTON ET AL., APPELLEES

Citator

Cited By (44 total)

• Huff v. State, 569 So. 2d 1247 (Fla. 1990)
  …s to appear to the discretion of the court.”2 Where the action of the trial court is discretionary, the order of the lower court will not be disturbed on appeal unless an abuse of discretion is clearly shown. See West Shore Restaurant Corp. v. Turk, 101 So. 2d 123 (Fla.1958). The following statement of the test for review of a judge's discretionary power has been cited with favor by this Court: Discretion, in this sense, is abused when the judicial action is arbitrary, fanciful, or unreasonable, which is ano…
• Ciba-Geigy Ltd. v. The Fish Peddler, Inc., 691 So. 2d 1111 (Fla. 4th DCA 1997)
  …ich credibility may be an issue. The presumption of correctness given to a trial court’s rulings based upon such a record is lessened, because the appellate court has everything the trial court had before it. See West Shore Restaurant Corp. v. Turk, 101 So. 2d 123 (Fla.1958). b. Private Interest Factors The trial court identified four private interests to be considered: (1) access to evidence and relevant sites; (2) access to witnesses; (3) enforcement of judgments; and (4) the practicalities and expenses a…
• Holmes v. Bridgestone/Firestone, Inc., 891 So. 2d 1188 (Fla. 4th DCA 2005)
  …o. 2d 166 (Fla. 1st DCA 1996) (summary judgment). In addition, where a trial court’s ruling is based entirely on written evidence, the appellate court is in the same position as the trial court in weighing the evidence. W. Shore Rest. Corp. v. Turk, 101 So. 2d 123 (Fla.1958). We therefore conclude that this a question of law.2 We agree with plaintiffs that the proffer reflected facts from which it could be found that -Firéstone knew about the tread separation, but delayed warning the [*1192] public in order…