DADE ENGINEERING & CONSTRUCTION CO., INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOSEPH A. D'AMATO AND GAETANA D'AMATO, HIS WIFE, APPELLEES
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The appellate court affirmed the trial court's judgment because the record contained no substantial evidence to overcome the presumption of correctness of the trial judge's findings.
Appellant brought a non-jury trial and appealed the final judgment. Three assignments of error were presented, but only two were argued.…
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Appellant brings 'for review a final judgment entered at the conclusion of a non jury trial. Three assignments of error are presented:
“1. The Court erred in making and entering a Final Judgment, bearing date the 30th day of April, A.D. 1958, and recorded in the records of the Court in Minute Book No. 1131, page 243.
“2. The Court erred in denying Defendant’s oral motion for a direct verdict in behalf of the Defendant upon the conclusion of the Plaintiff’s case.
“3. The Court erred in denying the introduction by the Defendant of a copy of a letter addressed to Plaintiff, Joseph D’Amato, by Defendant.”
Only the first two are argued, and the appellant urges under assignments of error Nos. 1 and 2 that the trial judge sitting without jury and as the finder of fact misconstrued the effect of certain testimony. Under these circumstances the findings and judgment of the trial judge are presumed to be correct and his findings are entitled to the same weight as that of a verdict by a jury. We find there is nothing in the record to overcome that presumption, and we must sustain his findings of fact unless there is no substantial evidence to support them. W. H. Clark Fruit Co. v. Bounds, Fla.1952, 58 So.2d 552.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
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Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 212 So. 2d 17 (Fla. 3d DCA 1968)…In a non-jury case the findings of the trial judge are entitled to the same weight as a jury verdict. First Atlantic National Bank of Daytona Beach v. Cobbett, Fla. 1955, 82 So. 2d 870; Dade Engineering & Construction Co. v. D’Amato, Fla.App.1959, 108 So. 2d 627. Therefore, if the record reveals credible testimony which forms a rational basis for the finding of the trial judge, we will not disturb that finding. Cf. Cormier v. Williams, 148 Fla. 201, 4 So. 2d 525 (1941); Kowalczyk v. Brudder, Fla.App.19…
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Gaisford v. Frostman, 202 So. 2d 790 (Fla. 4th DCA 1967)…of fact the trial judge has the responsibility of determining the weight, credibility and sufficiency of the evidence, and these findings are clothed with the presumption of correctness. Dade Engineering & Construction Co. v. D’Amato, Fla.App.1959, 108 So. 2d 627; Bass v. Bass, Fla.App.1966, 188 So. 2d 346. The court’s findings are entitled to the weight of a jury verdict and will not be disturbed unless .it is shown that there is a total lack of substantial evidence to support these conclusions. LaFrance Cl…
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Schanker v. Rubin Wollowick, 143 So. 2d 509 (Fla. 3d DCA 1962)…asserting that it had. The trier of the facts resolved these conflicts in the evidence in favor of the appellee, and the judgment arriving in this court with a presumption of correctness [Dade Engineering & Construction Co. v. D’Amato, Fla.App.1959, 108 So. 2d 627; Bardee Corporation v. Arnold Altex Aluminum Co., Fla.App.1961, 134 So. 2d 268], this court is not authorized to interfere with the judgment of the trial court unless there is no substantial evidence to support the judgment. Krohne v. Orlando Farmin…
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