OLD EQUITY LIFE INSURANCE COMPANY, AN ILLINOIS INSURANCE CORPORATION DOING BUSINESS IN THE STATE OF FLORIDA, APPELLANT,
v.
FRANKLYN LEVENSON, APPELLEE
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 appellate court affirmed the trial court's judgment because there was substantial, competent evidence to support the ruling.
The defendant (appellant) sought review of an adverse final judgment rendered by the trial court in a non-jury cause. The principal issue preserved wa…
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 Presumption Of Correctness Of Trial Court Judgment cases and more on FLexlaw
The appellant, defendant in the trial court, seeks review of an adverse final judgment rendered in favor of the appellee by the trial court in a non-jury cause. The principal question preserved for review by the appellant was the sufficiency of the evidence to find liability.
We have examined the record in light of the applicable appellate principles as to presumption of correctness and the requirement that an appellate court not disturb the final judgment if there is any substantial, competent evidence to support same. See: Ross v. Florida Sun Life Insurance Company, Fla.App.1960, 124 So.2d 892; LaFrance Cleaners & Dyers, Inc. v. Argenio, Fla.App.1962, 147 So.2d 330.
It is not the function of this or any other appellate court to substitute its judgment for the trier of fact, be it a jury or a trial judge, and although we might have reached a different conclusion if we had been the initial arbitrator of the factual issues, we are not at liberty to substi*51tute our judgment for that of the trier of the facts if there is evidence to support the complained of ruling and/or judgment. There is sufficient evidence in this record and, therefore, we are compelled to affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (46 total)
-
Campbell v. Gov't Emps. Ins. Co., 306 So. 2d 525 (Fla. 1974)…knowledge of the nature and extent of the injuries as far as they reasonably could be ascertained. Conflict was also predicated upon the holding of the Third District Court of Appeal in Old Equity Life Insurance Company v. Levenson (Fla.App.1965), 177 So. 2d 50. There, it was said: ■ “It is not the function of this or any other appellate court to substitute its judgment for the trier of fact, be it a jury or a trial judge, and although we [*529] might have reached a different conclusion if we had been the…
-
Grady B. Morrison and Edna E. Morrison v. Smith, 257 So. 2d 623 (Fla. 4th DCA 1972)…ey heard the original testimony but only whether there was sufficient evidence in the record to justify the lower court’s determination. R. H. James, Inc. v. Anderson, Fla.App.1964, 165 So. 2d 829; Old Equity Life Ins. Co. v. Levenson, Fla.App.1965, 177 So. 2d 50.1 The appellants have not carried the burden of demonstrating that the findings of the trial court are not supported by the record. Accordingly, the order of the trial court is affirmed. REED, C. J., and MAGER, J., concur. CROSS, J., dissents, wi…
-
Griffith Servs., Inc. v. Walter Kidde Constuctors, Inc., 262 So. 2d 240 (Fla. 1st DCA 1972)…hat the evidence demonstrates that the conclusions reached are erroneous.1 The judgment appealed is accordingly affirmed. RAWLS, Acting C. J., and WIGGIN-TON, and JOHNSON, JJ., concur. . Old Equity Life Insurance Company v. Levenson (Fla.App.1965) 177 So. 2d 50; Stoller v. Jaffe (Fla.App.1961) 125 So. 2d 310.…
Previewing 3 of 46 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hervey S. Ross v. Fla. SUN Life Ins. Co., 124 So. 2d 892 (Fla. 2d DCA 1960)
- 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)