CITRUS ENGINEERING, INC., A FLORIDA CORPORATION, APPELLANT,
v.
SIMS CRANE SERVICE, INC., ET AL., APPELLEES
CITRUS ENGINEERING, INC., A FLORIDA CORPORATION, APPELLANT,
SIMS CRANE SERVICE, INC., ET AL., APPELLEES
231 So. 2d 265
Florida District Court of Appeal, Second District (1970)
Caution
Cited by 14 cases
Opinion of the Court
Appellant, plaintiff below, appeals a final judgment entered by the trial court sitting without a jury.
It is incumbent upon an appellant to show reversible error to overcome the presumption of correctness of the trial court’s final judgment. This the appellant has failed to do.
We have reviewed the record-on-appeal and carefully studied the briefs of the respective parties and find that the judgment appealed is supported by competent substantial evidence which accords with logic and reason and, therefore, the judgment appealed is
Affirmed.
HOBSON, C. J., and PIERCE and Mc-NULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Mulkey v. Division of Administration, 448 So. 2d 1062 (Fla. 2d DCA 1984)…44 So. 2d 926 (Fla.1983). Business damages are in the nature of lost profits attributable to the reduced profit-making capacity of the business caused by the taking of a portion of the realty or improvements thereon. LeSuer v. State Road Department, 231 So. 2d 265, 268 (Fla. 1st DCA 1970). In cases where an established business is totally destroyed by a taking of the business’s adjacent property, business damages may include lost profits, costs attached to moving and selling equipment, and loss of good will.…
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Williams v. State of Fla. Dep't OF Transp., 579 So. 2d 226 (Fla. 1st DCA 1991)….,” while business damages “are more in the nature of lost profits attributable to the reduced profit-making capacity of the business caused by a taking of a portion of the realty or improvements thereon.” LeSuer v. State Road Department of Florida, 231 So. 2d 265, 268 (Fla. 1st DCA 1970). Both severance damages and business damages may be recovered except when they are identical in nature, as double compensation is disallowed. Department of Transportation v. Ness Trailer Park, 489 So. 2d 1172 (Fla. 4th DCA),…
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Matthews v. Division OF Administration, 324 So. 2d 664 (Fla. 4th DCA 1975)…the emphasized language would at least imply that the 2nd DCA has interpreted Florida’s business damage statute as providing recovery for more than simply loss of profits. The other case relied upon by the State is LeSuer v. State Road Department, 231 So. 2d 265 (1st DCA Fla.1970). In determining the sufficiency of a jury verdict in that case, the court distinguished between severance damages and business damages, as follows (at 267-8): “In appellants’ argument in support of the first ground for reversal i…
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