HIGHLAND LAKES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
ART PRESENT REAL ESTATE, INC., A FLORIDA CORPORATION, APPELLEE
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The court held that the trial judge's findings were supported by sufficient evidence and not against the manifest weight of the evidence.
A real estate broker sued a seller for a commission. After a non-jury trial, the judge found for the broker. The seller appealed, arguing insufficient…
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Highland Lakes, Inc., was the defendant in an action brought by Art Present Real Estate, Inc., for a real estate commission. The trial judge found for the broker after a non-jury trial and the seller appeals. The sole question presented is whether there is sufficient evidence to support the finding upon the issue of whether the broker was the efficient procuring cause of the sale which was consummated.
The findings of fact of a trial judge upon a non-jury trial are entitled to the same weight as a jury verdict. MacGregor v. Sachs, Fla.1952, 57 So.2d 426; Bardee Corp. v. Arnold Altex Aluminum Co., Fla.App. 1961, 134 So.2d 268; La-France Cleaners & Dyers, Inc. v. Argenio, Fla.App.1962, 147 So.2d 330. Therefore, we will not reverse unless it is made to clearly appear that the judgment of the-trial judge is erroneous or where his findings are manifestly against the weight of evidence or are contrary to the legal effect of the evidence. See Talbot v. Talbot, Fla. App.1958, 104 So.2d 410.
The appellant has not carried the burden-of demonstrating such error. We, therefore, affirm. See Norwood v. Davis, 158 Fla. 352, 28 So.2d 872.
Affirmed.
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Cuna Mut. Ins. Soc'y v. Adamides, 334 So. 2d 75 (Fla. 3d DCA 1976)…rences and deductions capable of being drawn therefrom in the light most favorable to sustain those conclusions. See, e.g., Alter v. Finesmith, Fla.App.1968, 214 So. 2d 732; Highland Lakes, Inc., v. Art Present Real Estate, Inc., Fla.App.1962, [*77] 147 So. 2d 348; Lowery v. Rosenberg, Fla. App.1962, 147 So. 2d 321; and 2 Fla.Jur., Appeals § 346. Implicit in the final judgment, entered by the trial court in the instant case, was a finding that the “loss” suffered by appellee occurred more than six months afte…
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Schmeck v. The SEA Oats Condo. Ass'n, Inc., 441 So. 2d 1092 (Fla. 5th DCA 1983)…AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. ORFINGER, C.J., and DAUKSCH, J., concur. . See Industrial Builders, Inc. v. Heritage Ins. Co. of America, 416 So. 2d 1244 (Fla. 4th DCA 1982); Highland Lakes, Inc. v. Art Present Real Estate, Inc., 147 So. 2d 348 (Fla. 3d DCA 1962). . Section 13, Declaration of Condominium for the Sea Oats Condominium provides in full: No owner of an apartment shall make any structural modifications or alterations of the apartment. Further, no owner shall cause any improvem…
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Harris v. AETNA Ins. Co., 208 So. 2d 282 (Fla. 3d DCA 1968)…ted by evidence in the record. The judgment is therefore affirmed upon authority of Board of County Com’rs of Highlands County v. F. A. Sebring Realty Co., Fla.1953, 63 So. 2d 256; Highland Lakes, Inc. v. Art Present Real Estate, Inc., Fla.App.1962, 147 So. 2d 348, 349. Affirmed.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin v. Green, 134 So. 2d 268 (Fla. 2d DCA 1961)
- Talbot v. Talbot, 104 So. 2d 410 (Fla. 3d DCA 1958)
- LaFRANCE Cleaners & Dyers, Inc. v. Argenio, 147 So. 2d 330 (Fla. 3d DCA 1962)
- State of Fla. on the relation of Joseph B. Sidman & Jack P. Bluestein v. Fink, 147 So. 2d 330 (Fla. 3d DCA 1962)
- Norwood v. Davis, 158 Fla. 352 (Fla. 1946)