GRIFFITH SERVICES, INC., A CORPORATION, APPELLANT,
v.
WALTER KIDDE CONSTUCTORS, INC., A CORPORATION, APPELLEE

Fla. 1st DCA | 1972-05-23
No. P-408
RAWLS, Acting C. J., and WIGGIN-TON, and JOHNSON, JJ., concur.
262 So. 2d 240 Florida District Court of Appeal, First District (1972) Positive Treatment
Cited by 14 cases

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Holding

The appellate court affirmed the trial court's judgment because substantial evidence supported its findings, and the appellate court does not reweigh evidence.


Facts & Procedural History

Appellant sought review of an adverse final judgment in a nonjury case. The principal issue on appeal was the sufficiency of the evidence to support t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of an adverse final judgment rendered in a nonjury case in favor of appellee. The principal question preserved on appeal is the sufficiency of the evidence to support the judgment.

In our review of the issues presented for decision we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals that although the testimony is conflicting, there is substantial evidence to support the findings made and conclusions reached by the trial court. 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.

RAWLS, Acting C. J., and WIGGIN-TON, and JOHNSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982)
    …ealty Inc., 416 So. 2d 50 (Fla. 3d DCA 1982) (1982); Oceanic International Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981); Pryor v. Pryor, 274 So. 2d 242 (Fla. 1st DCA 1973); Griffith Services, Inc. v. Walter Kidde Constructors, Inc., 262 So. 2d 240 (Fla. 1st DCA 1972); Mogee v. Haller, 222 So. 2d 468 (Fla. 1st DCA 1969). Affirmed. SCHWARTZ, J., dissents. . Because the loan contract, entered into before the corporation was formed, was not carried on the corporate records as a corporate oblig…
  • Punkar v. King Plastic Corp., 290 So. 2d 505 (Fla. 2d DCA 1974)
    …th a presumption of correctness. This court is without authority to substitute its judgment for that of the trier of the facts in absence of a clear showing of error. See Griffith Services, Inc. v. Walter Kidde Constructors, Inc., Fla.App.1st, 1972, 262 So. 2d 240. A wrongfully discharged employee is not necessarily obligated to mitigate damages by accepting alternative employment at a distance from his home. Restatement, Agency 2d § 455, comment d. Our research discloses that a majority of jurisdictions hav…
  • L & N Grove, Inc. v. Chapman, 291 So. 2d 217 (Fla. 2d DCA 1974)
    …by the trial court are erroneous. Old Equity Life Insurance Co. v. Levenson, Fla.App.3rd, 1965, 177 So. 2d 50; In re Estate of Hobein, Fla.App.lst, 1970, 238 So. 2d 497; Griffith Services, Inc. v. Walter Kidde Constructors, Inc., Fla.App.1st, 1972, 262 So. 2d 240. Against this background of general and accepted principles, we turn then to the particular situation presented in the case sub judice. We have carefully considered the records, briefs, the authorities cited and discussed therein and arguments of r…

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