RESERVE INSURANCE COMPANY, APPELLANT,
v.
EARLE W. DAY & COMPANY, APPELLEE
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The trial court's findings of fact are presumed correct and will not be disturbed if supported by substantial competent evidence, which was the case here.
The parties had a prior contract dispute that was remanded for factual findings. On remand, the defendant argued accord and satisfaction, but the tria…
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This case has been before us once previously. At that time defendant-appellant was appealing a summary judgment in favor of plaintiff-appellee finding defendant in breach of a contract between the parties. See Reserve Insurance Company v. Earle W. Day & Company, Fla.App. 1966, 190 So.2d 803. In that opinion we said at page 80S: “We agree with defendant that the record reflects a dispute as to the fact question of what the parties intended with reference to the termination of the agreement.” As a result of finding this dispute we reversed and remanded the cause.
On remand the trial court took testimony and made findings of fact. The defendant, on remand, argued that the parties intended to, and did, enter into an accord and satisfaction. However, the trial court found that the parties had entered into no such agreement and held for the plaintiff.
On appeal the findings of the trial court, sitting without jury, come before us clothed with a presumption of correctness. Babe’s Plumbing, Inc. v. Maier, Fla.App.1966, 194 So.2d 666. So long as there exists substantial competent evidence in the record to support him, the trial court’s findings must not be disturbed on appeal. Tucker v. Forty-Five Twenty-Five, Inc., Fla.App.1967, 199 So.2d 522. The appellant in the instant case has failed to show that the trial court’s findings suffer from a lack of substantial competent evidence to support them.
The appellant’s contention concerning the amount of damages has been considered and found to be without merit.
The judgment is affirmed.
Affirmed.
LILES, C. J., and ALLEN and HOB-SON, JJ., concur.
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BAL Harbour Club, Inc. v. Dade Cnty., 222 So. 2d 428 (Fla. 3d DCA 1969)…o me that the question involved on this appeal is whether there is competent substantial evidence to support the finding of the trial judge. In re Thompson’s Estate, Fla.1955, 84 So. 2d 911; Reserve Insurance Co. v. Earle W. Day & Co., Fla.App.1968, 209 So. 2d 709. An [*431] appellate court does not ordinarily weigh the evidence and determine its creditability. Citizens Ins. Co. of New Jersey v. Harris, Fla.1949, 40 So. 2d 775. Therefore the majority must have proceeded upon a conclusion that the evidence bef…
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Mesick v. Loeser, 311 So. 2d 132 (Fla. 2d DCA 1975)…the trial court, we cannot substitute our opinion on the evidence but rather must indulge every fact and inference in support of that judgment which was the equivalent of a jury verdict. Reserve Insurance Co. v. Earle W. Day & Co., Fla.App.2d 1968, 209 So. 2d 709; Bowen v. Everett, Fla. App.2d 1967, 205 So. 2d 536. We dispose of appellant’s claim for attorneys’ fees for bringing funds into the decedent’s estate by recognizing that any attorney who renders legal service to an estate may apply to the probate…
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First Nat'l Bank OF the Upper Keys v. Caribe Equip. Corp., 378 So. 2d 19 (Fla. 3d DCA 1979)…So. 385 (1941); and we may not interfere with its resolution of the issue. Holman v. Seaboard Coast Line R. Co., 349 So. 2d 1187 (Fla.1977); Estate of Cohen v. Holland, 370 So. 2d 40 (Fla. 3d DCA 1979); Reserve Ins. [*20] Co. v. Earle W. Day & Co., 209 So. 2d 709 (Fla. 2d DCA 1968). Affirmed.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Babe's Plumbing, Inc. v. Emil P. Maier and Hildegarde M. Maier, 194 So. 2d 666 (Fla. 2d DCA 1966)
- Reserve Ins. Co. v. Earle W. DAY & Co., 190 So. 2d 803 (Fla. 2d DCA 1966)
- Long Constr. Co., Inc. v. Bleakley, 199 So. 2d 522 (Fla. 4th DCA 1967)