S. E. YEARTY, ET VIR.,
v.
M. A. SMITH, AS LIQUIDATOR OF THE BANK OF LEVY COUNTY

Fla. | 1935-06-24
Ellis, P. J., and Terrell and Buford, J. J., concur., Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
120 Fla. 202 Florida Supreme Court (1935) Negative Treatment
Also reported at: 162 So. 510
Cited by 15 cases

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Synopsis

The Florida Supreme Court affirmed a lower court's decree, holding that there was substantial evidence to support the trial court's findings. The appeal sought a reconsideration of the evidence to reverse the decree.


Holding

Yes, there was substantial evidence to support the final decree, and therefore, the decree will not be reversed.


Key Quotes

“Broadly it is sought by the appeal to have a reconsideration of the evidence with view. to reversal of the findings • disclosed by the final decree so that the questions for consideration will deal with sufficiency of evidence before the trial court to sustain the Chancellor in his decree.”

Appellant's statement of the appeal's purpose.

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Facts & Procedural History

The appellant sought to reverse a final decree based on the sufficiency of the evidence presented to the trial court. The record contained substantial…

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Opinion of the Court
Per Curiam.

Per Curiam.

Appellant, at the beginning of his brief, states:

“1. Broadly it is sought by the appeal to have a reconsideration of the evidence with view. to reversal of the findings • disclosed by the final decree so that the questions for consideration will deal with sufficiency of evidence before the trial court to sustain the Chancellor in his decree.”

*203There appear nine other paragraphs of questions sought to be presented but the first question above quoted is the controlling factor in each of the other questions stated.

There is' disclosed in the record substantial evidence to support the final decree and, therefore, following the long established rule applicable in such cases, the decree will not be reversed but must be affirmed.

It is so ordered. .

Affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur.

Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dearing v. Reese, 519 So. 2d 761 (Fla. 1st DCA 1988)
    …loyer, Reese owed a duty to provide Dearing a safe place in which to work, reasonably safe machinery, tools and implements to work with, and suitable and competent fellow [*763] servants to work with him. McGee v. Ed De Brauwere & Co., 117 Fla. 859, 162 So. 510 (1935). See also Great Atlantic & Pacific Tea Company v. McConnell, 199 F. 2d 569 (5th Cir.1952); Callahan v. Bryce, 47 So. 2d 517 (Fla.1950). Ordinarily, the issue of negligence is for the jury, and the record before us contains competent evidence…
  • Columbus Neel v. The Honorable Nathan Mayo, 126 Fla. 869 (Fla. 1937)
    …nly inquire in a case of this kind whether the statute under which the charge was made is valid or invalid, or whether the information wholly fails to charge any offense under the laws of this State. State, ex rel. Padgett, v. Windham, 120 Fla. 206, 162 So. 510; Lehman v. Sawyer, 106 Fla. 396, 143 So. 310. The writ of habeas corpus cannot be used as a substitute for a motion to quash an information or indictment, or for writ of error. The information contained three counts. This petitioner was convicted o…
  • Great Atl. & Pac. TEA Co. v. Jones, 294 F.2d 495 (5th Cir. 1961)
    …nish them reasonably safe tools with which to do the work assigned. Moody v. Hanlon, 1938, 131 Fla. 129, 179 So. 164. And he must furnish suitable and competent fellow servants to work with them. McGee v. C. Ed. DeBrauwere & Co., 1935, 117 Fla. 859, 162 So. 510. The duty to provide reasonably safe instrumentalities and places to work is a common law doctrine, based upon the rule of respondeat superior. See Holstun & Son v. Embry, 1936, 124 Fla. 554, 169 So. 400; and Bartholf v. Baker, Fla., 71 So. 2d 480.…

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