HARRY B. RIMER, APPELLANT,
v.
THE MORTGAGE GUARANTEE CORP., ARTHUR S. FRIEDMAN, GERALD E. FINLEY AND FRANCES M. FINLEY, HIS WIFE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida District Court of Appeal affirmed a lower court's decree regarding the priority of mortgage liens, finding that the appellant failed to demonstrate error in the chancellor's findings.
No, the appellant failed to demonstrate error. The appellate court found sufficient evidence in the record to support the chancellor's findings.
“The final decree arrived in this court with a presumption of correctness.”
Establishes the standard of review for the appellate court.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant, plaintiff in the trial court, sought review of a final decree that determined the priority of mortgage liens. The appellate court revie…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Review Standards cases and more on FLexlaw
Appellant, plaintiff in the trial court, seeks review of an adverse final decree rendered by the chancellor wherein he determined priority of mortgage liens.
The final decree arrived in this court with a presumption of correctness. *550See: Pitts v. Ahlswede, Fla.App. 1962, 139 So.2d 159; City of Miami Beach v. Seacoast Towers-Miami Beach, Fla.App.1963, 156 So.2d 528. It was incumbent upon the appellant to demonstrate error. See: Lynch v. Coppola, Fla.App.1961, 129 So.2d 183; Groover v. Simonhoff, Fla.App.1963, 157 So.2d 541. If there is evidence in the record to support the findings of the chancellor they should not be disturbed. See: Davis v. Levin, Fla.App. 1962, 138 So.2d 351; Lamb v. Dade County, Fla.App. 1964, 159 So.2d 477.
Measuring the record on appeal in light of the above announced principles, it is apparent that there is evidence in the record to support the findings of the chancellor. The appellant has failed to demonstrate error in the application of the law and, therefore, the final decree here under review is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Miami Beach First Nat'l Bank & Gladys Schutz v. Shalleck, 182 So. 2d 649 (Fla. 3d DCA 1966)…le, competent and sufficient evidence to support the decree to account rendered by the chancellor; and, finding such, we are required to sustain him. See: Davis v. Levin, Fla.App.1962, 138 So. 2d 351; Rimer v. Mortgage Guarantee Corp., Fla.App.1964, 168 So. 2d 549; Seiff v. Presto Brick Machine Corp., Fla.App.1964, 168 So. 2d 700. Second, failing to dismiss the complaint when it was evident that the alleged [*651] contract in question was of an oral nature and, therefore, unenforceable as not.in compliance w…
-
Hart Land & Cattle Co., Inc. v. Reeves Steel, Inc., 262 So. 2d 267 (Fla. 1st DCA 1972)…he court, the briefs and record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed. See Rimer v. Mortgage Guarantee Corp., 168 So. 2d 549 (Fla.App.1964); and 2 Fla.Jur., Appeals, § 316. SPECTOR, C. J., and WIGGINTON and RAWLS, JJ., concur.…
-
Smith Plumbing & Heating, Inc. v. Gatlin Lumber & Supply Co., Inc., 212 So. 2d 785 (Fla. 1st DCA 1968)…he Court, the briefs and record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed. See Rimer v. Mortgage Guarantee Corp., 168 So. 2d 549 (Fla.App. 3d 1964), and 2 Fla.Jur.,, Appeals, Section 316. WIGGINTON, C. J., and CARROLL,. DONALD K., and SPECTOR, JJ., concur.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lynch v. Coppola, 129 So. 2d 183 (Fla. 2d DCA 1961)
- Davis v. Levin, 138 So. 2d 351 (Fla. 3d DCA 1962)
- Falcon Pitts and Mike McKinley v. Erichc Ahlswede and Adeline M. Ahlswede, 139 So. 2d 159 (Fla. 1st DCA 1962)
- Lamb v. Dade Cnty., 159 So. 2d 477 (Fla. 3d DCA 1964)
- The City OF Miami Beach v. Seacoast Towers-Miami Beach, Inc., 156 So. 2d 528 (Fla. 3d DCA 1963)
- Groover v. Simonhoff, 157 So. 2d 541 (Fla. 3d DCA 1963)