NORMAN W. GOODMAN, APPELLANT,
v.
DOLORES L. GOODMAN, APPELLEE
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A judgment will be affirmed if supported by any theory in the record, even if a specific finding is insufficient.
Plaintiff sued on a promissory note executed by defendant when they were married. The parties divorced, and plaintiff brought suit on the note.…
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Plaintiff in the trial court appeals a final judgment rendered for defendant, the suit being upon a promissory note executed by defendant to plaintif-f at a time when they were husband and wife. The parties were divorced later, and sometime following entry of the divorce decree plaintiff brought suit upon the note.
The case went to trial before the court without a jury. Defendant interposed these separate defenses: 1. Statute of Limitations ; 2. Discharge of the note by virtue of a property settlement agreement incorporated in the divorce decree; 3. Accord and satisfaction; 4. Lack of consideration.
The court made a specific finding in the judgment that plaintiff’s claim was discharged by virtue of the property settlement agreement. Nothing was said by the court regarding any other defense.
Appellant now argues that the reason thus given by the trial court as a basis for the judgment is an insufficient one and that therefore the judgment should be reversed. In this position appellant has neglected to take into account the rule that a judgment will be affirmed, notwithstanding insufficiency in any particular finding, if, upon the entire record — pleadings and evidence — there is any theory under which the judgment can be' supported. See Cohen v. Mohawk, Inc., Fla.1962, 137 So.2d 222; Oper v. Air Control Products, Inc., Fla.App.1965, 174 So.2d 561; Smith v. Bettinghaus, Fla.App.1965, 178 So.2d 201; Best Concrete Corporation v. Oswalt Engineering Service Corporation, Fla.App. 1966, 188 So.2d 587.
The record reveals substantial evidence supporting other defenses, or at least one of .them, upon which the judgment might have been entered and, hence, the judgment must be affirmed.
Affirmed.
McCAIN and REED, JJ., concur.
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Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)…n based on erroneous reasoning, a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it. E. g., 3 Fla.Jur.2d § 296; In Re Yohn’s Estate, 238 So. 2d 290 (Fla.1970); Goodman v. Goodman, 204 So. 2d 21 (4th DCA Fla. 1967); Escarra v. Winn Dixie Stores, Inc., 131 So. 2d 483 (Fla.1961). However, a misconception by the trial judge of a controlling principle of law can constitute grounds for reversal. E. g., Aronson v. Siquier, 318 So. 2d 452 (3d DCA…
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Firestone v. Firestone, 263 So. 2d 223 (Fla. 1972)…appeal, and if these findings are grounded on an erroneous theory, the judgment may yet be affirmed where appellate review discloses other theories to support it. See In Re Estate of Yohn, Fla.1970, 238 So. 2d 290; Goodman v. Goodman, Fla.App.1967, 204 So. 2d 21; Bambrick v. Bambrick, Fla.App.1964, 165 So. 2d 449. Sub judice, the record consists of thousands of pages of testimony which we have reviewed. Sufficient facts exist for a divorce to be awarded to the husband on the ground of “extreme cruelty.” Fo…
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Turner v. Evabel M. Turner, 383 So. 2d 700 (Fla. 4th DCA 1980)…n appeal and if these findings are grounded on an erroneous theory, the judgment may yet be affirmed where appellate review discloses other theories to support it. See In Re Estate of Yohn, Fla.1970, 238 So. 2d 290; Goodman v. Goodman, Fla.App.1967, 204 So. 2d 21; Bambrick v. Bambrick, Fla.App.1964, 165 So. 2d 449. Id. 225. [*703] Accordingly, we look to the record to determine whether the judgment should be affirmed on another basis. We note the following provision in the original property settlement agree…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cohen v. Mohawk, Inc., 137 So. 2d 222 (Fla. 1962)
- Best Concrete Corp. v. Oswalt Eng'g Serv. Corp., 188 So. 2d 587 (Fla. 2d DCA 1966)
- Power SKI OF Fla., Inc. v. S. Resin & Fiberglass Corp., 174 So. 2d 561 (Fla. 3d DCA 1965)
- Smith v. Bettinghaus, 178 So. 2d 201 (Fla. 2d DCA 1965)