LEON L. STOLLER, APPELLANT,
v.
BEN JAFFE AND GUARANTEE RESERVE LIFE INSURANCE COMPANY OF HAMMOND, APPELLEES
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Stoller appealed a bench trial dismissal of his complaint seeking compensation for alleged services rendered to Jaffe and an insurance company, asserting claims for breach of joint venture agreement and quantum meruit recovery. The trial court found Stoller failed to carry his burden of proving either an agreement or entitlement to quantum meruit compensation, and the appellate court affirmed.
The appellate court affirmed the trial court's judgment, finding that although testimony was conflicting, substantial evidence supported the chancellor's findings that Stoller failed to carry his burden of proof regarding any agreement, joint venture, or quantum meruit entitlement.
“the plaintiff had failed to carry the burden of proof that he had any agreement or contract, either express or implied, with the defendants”
Statement of the trial court's finding regarding the joint venture claim
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Join FLexlaw to unlock all legal intelligenceStoller brought suit against Ben Jaffe and Guarantee Reserve Life Insurance Company seeking compensation for services allegedly rendered. He alleged t…
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This appeal is from a final decree entered after trial dismissing a complaint brought by the appellant, plaintiff below, seeking to recover compensation for certain alleged services rendered the appellee. The complaint consisted of two counts. The first was based upon an oral agreement entered into between the parties which allegedly constituted a joint venture. The second sought recovery upon a quantum meruit claim. Following a hearing of the issues, the chancellor found that the plaintiff had failed to carry the burden of proof that he had any agreement or contract, either express or implied, with the defendants, and further, that he had failed to carry or sustain the burden of proof with reference to any express oral contract or a contract by implication that there was any joint venture agreement between the parties. The chancellor concluded that the plaintiff wholly failed to sustain the burden of proof in connection with his quantum meruit claim.
The basic contention raised upon appeal is the claimed insufficiency of the *311evidence to support the chancellor’s findings. We have reviewed the record and find that although the testimony is conflicting there is substantial evidence to support the chancellor’s findings and accordingly, these findings will not he disturbed in the absence of a clear showing that the chancellor committed error or that the evidence demonstrates his conclusions to be erroneous. Tyler v. Tyler, Fla.App.1959, 108 So.2d 312; Pergament v. Pergament, Fla.App. 1959, 117 So.2d 26. See In re Lohbiller’s Estate, Fla.App. 1959, 113 So.2d 248.
Affirmed.
CARROLL, CHAS., J., and ODOM, ARCPIIE M., Associate Judge, concur.
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Citator
Cited By (30 total)
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Cruger v. Allstate Ins. Co., 162 So. 2d 690 (Fla. 3d DCA 1964)…al in this cause reveals substantial, competent evidence to support the findings of fact of the chancellor and, therefore, his final decree should be affirmed. See: Pergament v. Pergament, Fla.App.1959, 117 So. 2d 26; Stoller v. Jaffe, Fla.App.1960, 125 So. 2d 310. Originally, agreements to arbitrate disputes arising in the future were not enforced by the courts as being agreements tending to oust the courts’ jurisdiction. See: Duval County v. Charleston Engineering & Contracting Co., 101 Fla. 341, 134 So. 5…
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Griffith Servs., Inc. v. Walter Kidde Constuctors, Inc., 262 So. 2d 240 (Fla. 1st DCA 1972)…ons reached are erroneous.1 The judgment appealed is accordingly affirmed. RAWLS, Acting C. J., and WIGGIN-TON, and JOHNSON, JJ., concur. . Old Equity Life Insurance Company v. Levenson (Fla.App.1965) 177 So. 2d 50; Stoller v. Jaffe (Fla.App.1961) 125 So. 2d 310.…
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Mogee v. Haller, 222 So. 2d 468 (Fla. 1st DCA 1969)…ached are erroneous.3 The judgment appealed is accordingly affirmed. JOHNSON and SPECTOR, JJ., concur. . 23 Am.Jur.2d 269, Deeds, § 226. . 10 Fla.Jur. 151, Deeds, § 145; See also 23 Am.Jur.2d 280, Deeds, § 240. . Stoller v. Jaffe (Fla.App.1961), 125 So. 2d 310; Old Equity Life Insurance Company v. Levenson (Fla.App.1965), 177 So. 2d 50.…
Previewing 3 of 30 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tyler v. Tyler, 108 So. 2d 312 (Fla. 2d DCA 1959)
- Pergament v. Pergament, 117 So. 2d 26 (Fla. 2d DCA 1959)
- State of Fla. ex rel. William R. Colson v. Bishop, 117 So. 2d 26 (Fla. 3d DCA 1960)
- In re Est. of Iolia R. Lohbiller v. Miami Beach First Nat'l Bank, 113 So. 2d 248 (Fla. 3d DCA 1959)