B. H. MARKS, APPELLANT,
v.
INSURANCE SERVICE BUREAU, INC., A FLORIDA CORPORATION, FORMERLY WORLD WIDE INSURANCE, INC., APPELLEE
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This is an appeal from a final judgment entered against defendant on plaintiff’s complaint and against defendant on his counterclaim.
The action arose out of a dispute as to which one of the parties was entitled to damages for breach of a contract for the sale of plaintiff’s insurance business to defendant.
The issues were fully tried by the judge in a non-jury trial and resulted in a judgment for plaintiff in the amount of $5,647.-60 plus $2,190.61 as interest, and attorney’s fee of $1,500.00.
*451The judgment rendered in a non-jury trial is presumed correct and the trial judge’s findings have the quality of a jury verdict. Bardee Corp. v. Arnold Altex Aluminum Co., Fla.App.1961, 134 So.2d 268. Upon appeal it comes to this court clothed with a presumption of correctness, and the burden rests upon the appellant to make error clearly appear. Hall v. Hall, Fla.App.1961, 135 So.2d 432; Gars v. Woodward, Fla.App.1968, 214 So.2d 385.
No reversible error having been made to appear, the judgment appealed is affirmed.
Affirmed.
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State v. Wells, 308 So. 2d 163 (Fla. 1st DCA 1974)…So. 598 (Fla.1932) ; Sawyer v. State, 94 Fla. 60, 113 So. 736 (Fla.1927) ; Williams v. Phiel, 60 Fla. 272, 53 So. 638 (Fla.1910); LaFrance Cleaners & Dyers, Inc., v. Argenio, 147 So. 2d 330 (3rd D.C.A. 1962); Marks v. Insurance Service Bureau, Inc., 262 So. 2d 450 (3rd D.C.A.Fla.App. 1972). This presumption has ripened into finality. Criminal Procedure Rule 3.220 (j)(l) provides: “If, at any time during the course of the proceedings, it is brought to the attention of the court that a party has failed to com…
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Wilson v. Sirkin Bldg. Corp., 336 So. 2d 462 (Fla. 3d DCA 1976)…dgment here under review be and the same is hereby affirmed. Miami Roofing & Sheet Metal Co., Inc. v. Kindt, Fla.1950, 48 So. 2d 840; Gidney Auto Sales v. Cutchins, Fla.App. 1957, 97 So. 2d 145; Marks v. Insurance Service Bureau, Inc., Fla.App.1972, 262 So. 2d 450; Mitchell v. Morse Operations, Inc., Fla.App.1973, 276 So. 2d 248; Walker v. Connolly, Fla.App.1974, 299 So. 2d 67. Affirmed.…
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Mitchell v. Morse Operations, Inc., 276 So. 2d 248 (Fla. 3d DCA 1973)…ailed to sustain her burden of proving the defendants negligent. The judgment rendered in a non-jury trial is presumed correct and the trial judge’s findings have the quality of a jury verdict. Marks v. Insurance Service Bureau, Inc., Fla.App.1972, 262 So. 2d 450; Bardee Corp. v. Arnold Altex Aluminum Co., Fla.App.1961, 134 So. 2d 268. Upon appeal it comes to this court clothed with a presumption of correctness and the burden rests upon the appellant to make error clearly appear. Marks, supra; Hall v. Hall,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin v. Green, 134 So. 2d 268 (Fla. 2d DCA 1961)
- Hall v. Hall, 135 So. 2d 432 (Fla. 3d DCA 1961)
- Irwin S. Gars v. Woodard, 214 So. 2d 385 (Fla. 3d DCA 1968)