SAMUEL R. BERKMAN AND ARTHUR SIEGEL, APPELLANTS,
v.
MIAMI NATIONAL BANK, A UNITED STATES BANKING ASSOCIATION; FLORIDA CARLSBAD, INC., A FLORIDA CORPORATION; RUDOLPH T. WAGNER; MILTON HOFF, AND THE DUBLIN CO., A FLORIDA CORPORATION, APPELLEES
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The appellate court affirmed a deficiency decree, holding that the appellants failed to demonstrate harmful error by the trial judge. The court emphasized the presumption of correctness for trial court decisions and the principle that an order will be affirmed if it can be sustained on any theory in the record, even if the trial court's reasoning was flawed.
No, the appellants failed to demonstrate harmful error in the trial judge's entry of the deficiency decree.
“This decree, as all other orders, judgments or decrees brought to this court for review, arrives here with a presumption of correctness.”
Establishes the presumption of correctness for trial court decisions on appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellants sought review of a deficiency decree entered after a judicial sale. They appealed this decree, along with other orders and judgments, t…
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Appellants seek review of an adverse deficiency decree subsequent to final decree and judicial sale. This decree, as all other orders, judgments or decrees brought to this court for review, arrives here with a presumption of correctness. City of Miami v. Hollis, Fla.1955, 77 So.2d 834; Sedell v. Sedell, Fla.App.1958, 100 So. 2d 639.
In order to entitle an appellant to reversal, it is incumbent upon him to demonstrate harmful error in some action of the trial judge in the proceeding, resulting in the order, judgment or decree under review. Johnson v. Roberts, Fla.1955, 79 So.2d 425; Bates v. Brady, Fla.App.1961, 126 So.2d 750. It is also a recognized principle of appellate procedure that if a trial judge’s order, judgment or decree can be sustained under any theory revealed by the record on appeal, notwithstanding the fact that the trial judge’s order, judgment or decree may have been bottomed on an erroneous theory, the order, judgment or decree will be affirmed. In re Freeman’s Petition, Fla.1955, 84 So.2d 544; State Plant Board v. Smith, Fla.1959, 110 So.2d 401.
Examining the record on appeal in this cause in light of the above principles, the appellants have failed to demonstrate that the chancellor erred in the entry of the deficiency decree and, therefore, it is hereby affirmed.
Affirmed.
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Citator
Cited By (21 total)
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Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963)…S, J., concur. . Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799. . Sedell v. Sedell, (Fla.App.1958) 100 So. 2d 639; City of Miami v. Hollis, (Fla.1955) 77 So. 2d 834 . Berkman et al. v. Miami National Bank, et al., (Fla.App.1962) 143 So. 2d 535. . Siesta Properties, Inc. v. Hart, (Fla.App.1960) 122 So. 2d 218, 219, 224. . Escarra v. Winn Dixie Stores, Inc., (Fla.1961) 131 So. 2d 483.…
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Tiny's Liquors, Inc. v. Davis, 353 So. 2d 168 (Fla. 3d DCA 1977)…ies, the verdict should be affirmed. Moore v. St. Cloud Utilities, Inc., 337 So. 2d 982 (Fla.4th DCA 1976); Hester v. Gatlin, 332 So. 2d 660 (Fla.2d DCA 1976); Cicerco v. Paradis, 184 So. 2d 212 (Fla.2d DCA 1966); and Berkman v. Miami National Bank, 143 So. 2d 535 (Fla.3d DCA 1962). For the reasons set forth above, the final judgment entered by the trial court is affirmed. In light of this decision, we further determine that the trial court properly entered the cost judgment in favor of appel-lee. Therefore,…
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The Wingreen Co. v. Montgomery Ward & Co., Inc., 171 So. 2d 408 (Fla. 3d DCA 1965)…goods bargained and sold and, the record supporting the judgment in this particular, it will therefore be affirmed. See: State ex rel. Bodner v. Florida Real Estate Commission, Fla. 1956, 99 So. 2d 582; Berkman v. Miami National Bank, Fla.App.1962, 143 So. 2d 535. Notwithstanding its answer of general denial, the defendant attempted to raise an affirmative defense by responsive affidavit to the motion for summary judgment. However, it is well established in the [*410] law of this State that affirmative defe…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Plant Bd. v. Walter A. Smith and wife, 110 So. 2d 401 (Fla. 1959)
- Maxine Florence Sedell (now Maxine Sedell White) v. Sedell, 100 So. 2d 639 (Fla. 1st DCA 1958)
- Hernandez v. State (Fla. 3d DCA 2024)
- Johnson v. Roberts, 79 So. 2d 425 (Fla. 1955)
- Starr v. Smith, 77 So. 2d 834 (Fla. 1955)
- In re Petition of Martha Campbell Freeman to Declare Her Brother, 84 So. 2d 544 (Fla. 1955)
- Bates v. Brady, 126 So. 2d 750 (Fla. 1st DCA 1961)