LORRAINE BENEVENTO, APPELLANT,
v.
ARMAND BENEVENTO, APPELLEE
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The appellate court affirmed a divorce decree, finding that the trial court's decisions on divorce grounds and child custody were supported by substantial competent evidence and free from legal error.
The appellate court held that the trial court's disposition of the case, including decisions on divorce grounds and child custody, was supported by substantial competent evidence and free from legal error.
“Suffice it to say that the performance of our appellate duty leaves us with the opinion that the chancellor's disposition of this case is supported by substantial competent evidence and that his conclusions of law are free from error.”
This quote establishes the appellate court's finding that the trial court's decision was legally sound and factually supported.
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Join FLexlaw to unlock all legal intelligenceThis case involves a contested divorce with contradictory evidence presented by both parties. The trial court entered a final decree of divorce in fav…
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A final decree of divorce was entered in favor of the husband. The wife appeals. We affirm.
Challenged are the decisions as to divorce grounds and child custody.
Review reveals an ugly contested divorce case replete with contradictory evidence, a reproduction of which would serve no useful or desirable purpose.
A comprehensive final decree and order on rehearing served to terminate the trial court proceedings. There the chancellor dealt with the issues of fact and law with clarity and remarkable insight. Suffice it to say that the performance of our appellate ■duty leaves us with the opinion that the chancellor’s disposition of this case is supported by substantial competent evidence and that his conclusions of law are free from error.
Affirmed.
WALDEN, C. J., ANDREWS, J, and ELMORE, FRANK H., Associate Judge, concur.
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Ford v. Robinson, 403 So. 2d 1379 (Fla. 4th DCA 1981)…urt being on an “equal footing” with the trial court. Collins Fruit Company v. Giglio, supra, 184 So. 2d 449; see also Gatlin v. Jacobs Construction Co., 218 So. 2d 188 (Fla. 4th DCA 1969), cert. denied 225 So. 2d 529 (Fla.1969); Boutwell v. Bishop, 194 So. 2d 3 (Fla. 1st DCA 1967). However, the trial judge who must decide whether to grant a new trial on the proffered ground that the jury verdict was “contrary to the manifest weight of the evidence” faces a far more difficult task. The phrase itself is not…
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Bishop v. Watson, 367 So. 2d 1073 (Fla. 3d DCA 1979)…nting a new trial becomes limited and is drained of force when the question of the propriety of the granting of the new trial is one of law, and relates to the legal sufficiency of the ground or reason for granting the new trial. Boutwell v. Bishop, 194 So. 2d 3, 6 (Fla. 1st DCA 1967); National Western Life Ins. Co. v. Watters, 216 So. 2d 485 (Fla. 3d DCA 1968); City of Hollywood v. Jarkesy, 343 So. 2d 886 (Fla. 4th DCA 1977). This case was decided by a jury on conflicting evidence, and there is no content…
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Am. Emp'rs' Ins. Co. v. Taylor, 476 So. 2d 281 (Fla. 1st DCA 1985)…However, if the ruling is grounded on a question of law, the appellate court is on the same footing as the trial judge in determining the correct law to be applied and the broad discretion rule loses much of its force and effect. Boutwell v. Bishop, 194 So. 2d 3, 6 (Fla. 1st DCA 1967). In this case, the trial judge granted a new trial relying on the law as set forth in Wendel. We disagree with that decision and find that it does not correctly state the law on this issue. In interpreting a similar concealm…
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