WILLIAM W. CONRAD, APPELLANT,
v.
ROBERT L. LARSON, APPELLEE

Fla. 4th DCA | 1967-08-11
No. 590
WALDEN, C. J., CROSS, J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur.
201 So. 2d 806 Florida District Court of Appeal, Fourth District (1967) Positive Treatment
Cited by 2 cases

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Synopsis

The appellate court affirmed a lower court's decision denying specific performance of a land purchase contract. The court found no error in the trial judge's findings of fact and conclusions of law, which were supported by competent substantial evidence.


Holding

No, the chancellor did not err in denying specific performance. The trial court's findings of fact and conclusions of law were supported by competent substantial evidence and are presumed correct.


Key Quotes

“It is a well established rule of law that the chancellor's findings of fact and conclusions of law come to the appellant court with a presumption of correctness and will not be disturbed unless they are clearly erroneous.”

Establishes the standard of review for the appellate court.

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Facts & Procedural History

The plaintiff, William W. Conrad, sought specific performance of a land purchase contract. The trial court denied this request. The plaintiff appealed…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff (appellant), William W. Conrad, appeals from a final order denying the plaintiff specific performance of a land purchase contract.

The sole question on appeal is whether the chancellor erred in denying specific performance as prayed for by the plaintiff.

It is a well established rule of law that the chancellor’s findings of fact and conclusions of law come to the appellant court with a presumption of correctness and will not be disturbed unless they are clearly erroneous. Pokress v. Josephart, Fla.App.1963, 152 So.2d 756; Bittner v. Walsh, Fla.App.1961, 132 So.2d 799; Clausi v. Casner Motors, Inc., Fla.App. 1959, 112 So.2d 587.

The court having had the benefit of oral argument and having considered the same, carefully examined and considered the record on appeal, the briefs and the points raised, finds that there is competent substantial evidence to support the findings of fact and the conclusions of law of the trial judge and that the appellant has failed to overcome the presumption of correctness of the trial court’s findings.

Accordingly, the final order appealed is affirmed.

Affirmed.

WALDEN, C. J., CROSS, J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur.


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Cited By

  • …late court clothed with a presumption of correctness, and this court should not disturb the trial court’s findings absent a showing that they are clearly erroneous. Pokress v. Josephart, Fla.App.1963, 152 So. 2d 756; Conrad v. Larson, Fla.App. 1967, 201 So. 2d 806; Eldredge v. Pettingill, Fla.App. 1973, 275 So. 2d 266. Our examination of the record reveals that there is substantial competent evidence in support of the trial court’s determination. We also have considered the third point advanced by the appel…

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