CUNO CORPORATION, A FLORIDA CORPORATION,
v.
CHARLES R. LAMB, ET UX.
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The Florida Supreme Court affirmed a lower court's decision that denied a vendor's lien, despite entering a money decree for the plaintiff. The court found the evidence conflicting and deferred to the chancellor's findings.
No, the lower court did not err in denying the vendor's lien. The evidence was conflicting, and the chancellor's findings in favor of the defendants were not clearly erroneous.
“The evidence was conflicting and the chancellor could have resolved the conflicts in favor of either party.”
Establishes the factual basis for the court's deference to the lower court's findings.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sought to foreclose an alleged vendor's lien on a property. The lower court entered a money decree in favor of the plaintiff but denied …
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Appeal brings for review a decree in favor of a plaintiff seeking to foreclose an alleged vendor’s lien by entering a money decree but decreeing that plaintiffs had no lien on the property involved and declining to impress a vendor's lien on the property.
The issues were clear cut and definite.
The evidence was conflicting and the chancellor could have resolved the conflicts in favor of either party. He resolved them in favor of the defendants and as it cannot be shown clearly that his conclusions were erroneous, his findings will not be disturbed by the appellate Court. See Farrington v. Harrison, 95 Fla. 769, 116 Sou. 497 and cases there cited.
So the decree is affirmed.
So ordered.
Affirmed.
Terrell, C. J., and Buford and Thomas, J. J., concur.
Brown, J., concurs in opinion and judgment.
Justices Whitfield and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Helton v. State, 106 So. 2d 79 (Fla. 1958)…te Grove, 1927, 43 Idaho 775, 254 P. 519; State v. Busnelli, 1956, 40 N.J.Super. 244, 122 A. 2d 781. Other cases on both sides of the question are cited in the annotation in 141 A.L.R. at pages 1225 et seq. And cf. Kiser v. Mayo, 1939, 138 Fla. 775, 190 So. 246. The petitioner contends, however, that such jurisdiction could not be exercised in this case, some twelve years after the date of his conviction. There is merit to this contention. Here, the maximum sentence that could have been imposed against p…
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Gables Racing Assoc., Inc. v. Persky, 148 Fla. 627 (Fla. 1940)…as guided by considerations dehors the record. The findings of a chancellor based on conflicting evidence will not be disturbed unless they are clearly shown to be erroneous. See Meola v. Sparks, 138 Fla. 364, 189 So. 408; Cuno Corporation v. Lamb, 138 Fla. 773, 190 So. 246; Durham v. Durham, 137 Fla. 506, 188 So. 609; Gross v. Hammond, 138 Fla. 20,188 So. 789. The decree appealed from is hereby affirmed. WHITFIELD, C. J., and CHAPMAN, J., concur. BROWN, J., concurs in conclusion. BUFORD, J., concurs in…
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State v. Edmundo Febre, 156 Fla. 149 (Fla. 1945)…uilty of an aggravated assault. The State of Florida is bound by this finding of fact the same as a jury’s verdict. The crime of aggravated assault is a misdemeanor. See Sections 775.08 and 784.04, Fla. Stats. 1941 (FSA) Kiser v. Mayo, 138 Fla. 775, 190 So. 246, Section 11 of Article V of the [*152] Constitution provides that Circuit Courts shall have appellate jurisdiction ... of all misdemeanors tried in the Criminal Courts of Record. See Section 924.08, Fla. Stats. 1941 (FSA); Byrd v. State, 146 Fla. 68…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Farrington v. Harrison, 95 Fla. 769 (Fla. 1928)