LILY MAE MEREDITH, APPELLANT,
v.
WILLIAM J. ORCUTT, JR., AND ROBERT A. CUMMING, JR., APPELLEES
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The appellate court held that there was no evidence to support an agreement not to record a mortgage assignment, and such an agreement could not be implied by conduct.
Appellant sought review of an adverse final judgment. The principal issue was the sufficiency of the evidence to support the judgment regarding an all…
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Appellant seeks review of an adverse final judgment rendered in favor o-f appel-lees. The principal question preserved on appeal is the sufficiency of the evidence to support the judgment.
In our review of the record we have given due consideration to the .applicable appellate principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Our review of the record compels us to agree with the trial court that there was no evidence of an agreement between the parties not to record the assignment of mortgage in question, and we also hold that such an agreement cannot be implied by the conduct of the parties. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or that the evidence demonstrates that the conclusions reached are erroneous.1 The judgment appealed is accordingly Affirmed.
CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
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Metro. Dade Cnty. v. Lucas, 228 So. 2d 292 (Fla. 3d DCA 1969)…969, 220 So. 2d 403. It is not the province of an appellate court to substitute its judgment for that of a jury in rendering a verdict or that of a trial judge in entering a finding of liability in a non-jury case. Meredith v. Orcutt, Fla.App. 1968, 214 So. 2d 380; Nixon Construction Company v. Dover, Fla.App. 1969, 218 So. 2d 458. The accident occurred when the decedent was attempting to cross Collins Avenue, Miami Beach, from east to west. At the time, Collins Avenue had two northbound lanes and two southb…
Authorities Cited
- OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
- Stoller v. Jaffe, 125 So. 2d 310 (Fla. 3d DCA 1960)