DANIEL J. DENNEHY, ALSO KNOWN AS DAVID J. DENNEHY, APPELLANT,
v.
HERZOG CONSTRUCTION, INC., A FLORIDA CORPORATION, APPELLEE
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The appellate court affirmed a final judgment for the defendant after a non-jury trial, holding that the trial judge's findings were supported by credible testimony and a rational basis, thus not disturbing the verdict.
The trial judge's findings are entitled to the same weight as a jury verdict and will not be disturbed if the record contains credible testimony forming a rational basis for the finding.
“In a non-jury case the findings of the trial judge are entitled to the same weight as a jury verdict.”
Establishes the standard of review for findings in a non-jury trial.
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Join FLexlaw to unlock all legal intelligenceThe appellant challenged a final judgment entered for the appellee after a non-jury trial. The appellant argued that the trial judge either misinterpr…
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This is an appeal from a final judgment entered for the defendant-appel-leé after a non-jury trial. The burden of the appeal is that the trial judge either misconstrued the legal effect of the evidence or that his finding is against the manifest weight of the evidence. We have reviewed the record in the light of this challenge and have reached the conclusion that the judgment must be affirmed upon the law stated in Boulevard Nat. Bank of Miami v. Gulf Am. Land Corp., Fla.App. 1968, 212 So.2d 17, 20.1
Affirmed.
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White v. State, 391 So. 2d 330 (Fla. 3d DCA 1980)…PER CURIAM. Affirmed. State v. Ashby, 245 So. 2d 225 (Fla.1971); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979); United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980); Cf., Paramore v. State, 229 So. 2d 885 (Fla.1969).…
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Pinetree Towers, Inc. v. Frankel, 241 So. 2d 456 (Fla. 3d DCA 1970)…PER CURIAM. Affirmed upon authority of the rule stated in Dennehy v. Herzog Construction, Inc., Fla.App.1969, 229 So. 2d 885.…
Authorities Cited
- Cormier v. Williams, 148 Fla. 201 (Fla. 1941)
- First Atl. Nat'l Bank OF Daytona Beach v. Olive S. Cobbett, 82 So. 2d 870 (Fla. 1955)
- Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 212 So. 2d 17 (Fla. 3d DCA 1968)
- Dade Eng'g & Constr. Co., Inc. v. D'Amato, 108 So. 2d 627 (Fla. 3d DCA 1959)
- City OF Vero Beach v. Holman, 134 So. 2d 532 (Fla. 2d DCA 1961)