ANN BRUGGISSER, APPELLANT,
v.
ARTHUR BRUGGISSER, APPELLEE
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The appellate court affirmed a lower court's modification of a divorce decree, finding sufficient evidence supported the chancellor's decision regarding alimony and visitation.
No, the chancellor did not err because there was sufficient evidence in the record to support the modification order.
“Although this court might have decided the questions presented differently, an appellate court should not substitute its judgment for that of the chancellor when the record contains substantial evidence in support of his conclusion.”
This quote explains the appellate court's standard of review and its deference to the trial court's findings when supported by substantial evidence.
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Join FLexlaw to unlock all legal intelligenceThe former wife appealed an order modifying a final divorce decree. The modification reduced the alimony awarded to the appellee (former husband) and …
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The former wife, who was the plaintiff in a divorce action, appeals from an order modifying final decree of divorce by reducing the amount of the alimony and altering the visitation rights accorded to the appellee. After examining the record and reading the testimony presented, we find that there is sufficient evidence in the record to support the order of the chancellor. Although this court might have decided the questions presented differently, an appellate court should not substitute its judgment for that of the chancellor when the record contains substantial evidence in support of his conclusion. E. g., Brenner v. Smullian, Fla.1955, 84 So.2d 44, 49; Board of County Com’rs v. F. A. Sebring Realty Co., Fla. 1953, 63 So.2d 256, 258.
The order appealed therefore must be affirmed.
Affirmed.
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Bennett v. Lysle A. Bennett, 146 So. 2d 588 (Fla. 2d DCA 1962)…p.1961, 130 So. 2d 126. If the record contains substantial evidence to support the chancellor’s decree, we must uphold it even though we might have decided differently had we been in the chancellor’s position. Bruggisser v. Bruggisser, Fla.App.1961, 133 So. 2d 654; Brenner v. Smullian, Fla.1956, 84 So. 2d 44, 49. The defendant-counterclaimant testified that he had seen his wife out with one Charles A. Jenkins several times at night, that he had seen them hugging and kissing in front of her house and in front…
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Wrains v. Rose, 175 So. 2d 75 (Fla. 2d DCA 1965)…t substitute its judgment on issues of fact as found by a jury unless those findings are manifestly unreasonable and clearly against the weight of the evidence. Salter v. Knowles, Fla. App.1957, 97 So. 2d 138; Bruggisser v. Bruggisser, Fla.App.1961, 133 So. 2d 654; Williams v. Scott, Fla.App.1963, 153 So. 2d 18, 21. Moreover, where the presiding judge has denied motion for a new trial the presumption in favor of the correctness of the verdict is strengthened. Dean v. Mayes, 1962, 274 Ala. 88, 145 So. 2d 439.…
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Tagliarini v. Tagliarini, 213 So. 2d 10 (Fla. 2d DCA 1968)…, 130 So. 2d 126. If the record contains substantial evidence to support the chancellor’s [*11] decree, we must uphold it even though we might have decided differently had we been in the chancellor’s position. Bruggisser v. Bruggisser, Fla.App.1961, 133 So. 2d 654; Brenner v. Smullian, Fla. 1956, 84 So. 2d 44,49.” In view of the fact that the appellant has not demonstrated that the chancellor’s order is clearly erroneous and further that the record-on-appeal contains competent substantial evidence to support…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Al Brenner v. Smullian, 84 So. 2d 44 (Fla. 1955)
- Bd. of Cnty. Com'rs of Highlands Cnty. v. F. A. Sebring Realty Co., 63 So. 2d 256 (Fla. 1953)