METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, D/B/A METROPOLITAN TRANSIT AUTHORITY, AND WALTER LIGHTFOOT, APPELLANTS,

v.

ROSE LUCAS, UNREMARRIED WIDOW OF THE DECEDENT, MITCHEL J. LUCAS, AND HARRY BASSETT, AS ADMINISTRATOR OF THE ESTATE OF MITCHEL J. LUCAS, DECEASED, APPELLEES

Fla. 3d DCA | 1969-11-12

No. 69-333

Before CHARLES CARROLL, BARKDULL and SWANN, JJ.

228 So. 2d 292 Florida District Court of Appeal, Third District (1969) Caution

Cited by 4 cases

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Holding

The court held that the trial court's finding of liability was supported by sufficient competent evidence and should be affirmed.

Facts & Procedural History

The decedent was struck by a bus while attempting to cross Collins Avenue in Miami Beach. The bus driver was aware of pedestrians in the area but was …

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Topics

Presumption Of Correctness On Appeal Survival Action Presumption Of Correctness Appeal

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Opinion of the Court

PER CURIAM.

*293PER CURIAM.

The defendant in the trial court seeks reversal of an adverse final judgment entered in a non-jury trial. The actions in the trial court sounded in tort, alleging a survival action and a wrongful death. We affirm.

The final judgment arrived in this court with a presumption of correctness. Bardee Corporation v. Arnold Altex Aluminum Co., Fla.App. 1961, 134 So.2d 268; Jeffreys v. Simpson, Fla.App. 1969, 222 So.2d 224. All conflicts of evidence and reasonable inferences therefrom are resolved in favor of the judgment. Miami National Bank v. Fink, Fla.App. 1965, 174 So.2d 38; Weiss v. Stone, Fla.App. 1969, 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 southbound lanes, with the easternmost lane a parking lane. It appears from the record that there were no intersections in the vicinity and there were no marked crosswalks; that the decedent was at least midway across the two north driving lanes when he was struck by the right front of a bus when it was in the process of changing lanes. The bus driver testified that he was awnre of pedestrians crossing in the area; that, because of the changing of lanes, his vision necessarily was diverted from the front of the bus to his left rearview mirror. We find no contributory negligence and, there being sufficient competent evidence to support the trial court’s finding of liability, it should be affirmed. Brandt v. Dodd, 150 Fla. 635, 8 So.2d 471; Coleman v. Phipps, Fla. 1955, 82 So.2d 682; Bankers Life & Casualty Company v. Pinkerton-Hays Lumber Company, Inc., Fla.App. 1966, 186 So.2d 551; Boulevard National Bank of Miami v. Gulf American Land Corporation, Fla.App. 1968, 212 So.2d 17.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Salgueiro v. Fiumara, 305 So. 2d 5 (Fla. 3d DCA 1974)

…pposite curb at the time he was struck. Based upon the above pretrial testimony, we conclude that there were genuine issues as to material facts to preclude the granting of summary final judgment. Cf. Metropolitan Dade County v. Lucas, Fla.App.1969, 228 So. 2d 292. Accordingly, the judgment herein appealed is reversed and the cause remanded for further proceedings not inconsistent herewith. Reversed and remanded.…
In re Est. of George E. Thornton. Marie Thornton v. Bretan, 259 So. 2d 760 (Fla. 3d DCA 1971)

…nt that at the time of the death of George E. Thornton the subject property was his homestead. Miami National Bank v. Fink, Fla.App.1965, 174 So. 2d 38; Weiss v. Stone, Fla.App. 1969, 220 So. 2d 403; Metropolitan Dade County v. Lucas, Fla.App. 1969, 228 So. 2d 292. Further, the property being in the unincorporated area, the limitations on the extent of homestead relating to property within an incorporated area1 are not applicable to property in a rural area. Armour & Company v. Hulvey, 73 Fla. 294, [*762] 74…

Authorities Cited

Miami Nat'l Bank v. Fink, 174 So. 2d 38 (Fla. 3d DCA 1965)
Brandt v. Dodd, 150 Fla. 635 (Fla. 1942)
Martin v. Green, 134 So. 2d 268 (Fla. 2d DCA 1961)
Weiss v. Stone, 220 So. 2d 403 (Fla. 3d DCA 1969)
Linwood Jeffreys v. Simpson, 222 So. 2d 224 (Fla. 1st DCA 1969)
Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 212 So. 2d 17 (Fla. 3d DCA 1968)
Nixon Constr. Co., Inc. v. Dover, 218 So. 2d 458 (Fla. 1st DCA 1969)
Bankers Life & Cas. Co. v. Pinkerton-Hays Lumber Co., Inc., 186 So. 2d 551 (Fla. 3d DCA 1966)
Coleman v. Phipps, 82 So. 2d 682 (Fla. 1955)
Lily Mae Meredith v. Orcutt, 214 So. 2d 380 (Fla. 1st DCA 1968)

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