W. W. BOYTE
v.
MARGARET K. STOER, ET AL., AS EXECUTORS
W. W. BOYTE
MARGARET K. STOER, ET AL., AS EXECUTORS
114 Fla. 395
Florida Supreme Court (1934)
Positive Treatment
Also reported at: 153 So. 845
Cited by 19 cases
Opinion of the Court
— The appeal is from a decree requiring appellant to remove an obstruction from a portion of the highway which obstruction it is alleged resulted in peculiar damage to the property of the appellees. ' •
The correctness of the decree depends upon whether or not it is supported by the decree. There is ample evidence to support the decree and the same is affirmed.
Whitfield, P. J., and Brown and Buford, J. J., concur.
Davis, C. J., and Ellis and Terrell, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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State v. City of Pompano, 136 Fla. 730 (Fla. 1938)…such jurisdiction by statute and failed, not because the Legislature had no power to include the territory, but because of a defect in enacting the statute. See Mahood v. State, 101 Fla. 1254, 133 So. 90; Weatherman v. Alta Cliff Co., 114 Fla. 305, 153 So. 845; State v. City of Cedar Keys, 122 Fla. 454, 165 So. 672; Town of Enterprise v. State, 29 Fla. 128, 10 So. 740; Duke v. Taylor, 37 Fla. 64, 67, 19 So. 172, 31 L. R. A. 484, 53 Am. St. Rep. 232; McQuillin, Municipal Corporations, 2d, 175. * * * “In t…
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Miller v. Bay-to-Gulf, Inc., 141 Fla. 452 (Fla. 1940)…the witnesses and his decree will not be reversed on findings of fact supported by the evidence unless it is made clearly to appear that such finding is erroneous. Schonfeld v. Engler, 119 Fla. 138, 160 South. Rep. 879; Boyte v. Stoer, 114 Fla. 395, 153 South. Rep. 845; Frickling Properties, Inc., [*458] v. Smith, 123 Fla. 556, 167 South. Rep. 42; Walter J. Dolan Properties, Inc., v. Vonnegut, 117 Fla. 830, 158 South. Rep. 457; Sabin v. City of Daytona, 130 Fla. 62, 177 South. Rep. 229; Nolen v. Nolen, 121 Fla. 13…
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Marcus v. Hull, 142 Fla. 306 (Fla. 1939)…ill not be disturbed on appeal by this court,- for the lower court’s findings of fact are entitled to the same weight and consideration on appeal as the verdict of a jury. Schonfeld v. Engler, 119 Fla. 138, 160 So. 879; Boyte v. Stoer, 114 Fla. 395, 153 So. 845; Fielding Properties v. Smith, 123 Fla. 556, 167 So. 42; Dolan Properties v. Vonnegut, 117 Fla. 830, 158 So. 457. Yet, where the evidence is so clear, certain and convincing that no other conclusion than that the lower court erred in its ruling can…
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