CITY OF MELBOURNE, FLORIDA, AND ARTHUR H. DEVOE, AS CITY BUILDING INSPECTOR OF THE CITY OF MELBOURNE, APPELLANTS,

v.

JOHN H. EVANS AND FLORENCE H. EVANS, ALSO KNOWN AS FLORENCE EVANS, HIS WIFE, APPELLEES

Citator

Cited By

• Dukes v. Allie N. Dukes, 346 So. 2d 544 (Fla. 1st DCA 1976)
  …ting physicians was reviewed by the Court. Generally speaking, a judgment of the Trial Court comes to the Appellate Court clothed with the presumption of correctness and the appellants have the burden of showing error. Phipps v. Sheffman, Fla.App., 211 So. 2d 598 and Jovanovich v. Aeor-Tec., Inc., Fla.App., 277 So. 2d 555. As in the cited cases the presumption is slight where the trial Judge used the same tools as the Appellate Court uses; that is sworn transcribed testimony. The Appellate Court and the Tria…
• Kelly v. Fla. Atl. Univ. & Div. of Risk Mgmt., 413 So. 2d 833 (Fla. 1st DCA 1982)
  …nd Huntington on the degree of physical impairment suffered by claimant. We note that the evidence in question was by deposition and that our vantage point in interpreting the deposition is not inferior to that of the deputy. See Phipps v. Sheffman, 211 So. 2d 598 (Fla. 3d DCA 1968) and Dukes v. Dukes, 346 So. 2d 544 (Fla. 1st DCA 1976). We REVERSE and REMAND with directions. Doctor Murphy testified that claimant suffered a 5% physical impairment; Doctor Huntington testified that claimant suffered a 20% phys…
• Dorothy Walton & Rodger Walton v. The Est. OF Mary E. Walton, 601 So. 2d 1266 (Fla. 3d DCA 1992)
  …anscribed testimony of witnesses, the appellate court is in the same position in examining the testimony as is the trial judge. Dukes v. Dukes, 346 So. 2d 544, 545 (Fla. 1st DCA 1976), cert. dismissed, 351 So. 2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So. 2d 598 (Fla. 3d DCA 1968); L & S Enters., Inc. v. Miami Tile & Terrazzo, Inc., 148 So. 2d 299, 300 (Fla. 3d DCA 1963). Although a presumption of correctness remains present, it is not as strong as when the trial judge, as a trier of fact, personally hears…

Authorities Cited

• Gertrude Lawley v. Town OF Golfview, 174 So. 2d 767 (Fla. 2d DCA 1965)