RAYMOND J. HEREDIA ET UX., APPELLANTS,
v.
INDUSTRIAL SUPPLIES, INC., OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-08-22
No. 71-1376
Before BARKDULL, C. J., and HEND-RY and HAVERFIELD, JJ.
265 So. 2d 709 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 4 cases

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Holding

The court held that the record contained substantial competent evidence to sustain the judgment granting specific performance of the option provision.

Facts & Procedural History

This case involves an appeal from a final judgment granting specific performance of an option to purchase provision in a lease. A prior appeal had rev…

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Topics
Burden Of Demonstrating Reversible Error Presumption Of Correctness Of Trial Court Findings Option To Purchase Specific Performance

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant-defendants seek review of a final judgment, which granted specific performance of an option to purchase provision contained in a written lease. The facts and positions of the parties are sufficiently recited in Industrial Supplies, Inc. of Florida v. Heredia, Fla.App.1971, 247 So.2d 510, which reversed and remanded a final summary judgment which had earlier been entered in favor of defendants, Mr. and Mrs. Heredia.

Where the chancellor is the trier of the facts, his findings of fact are accorded the weight of a jury verdict. The final judgment which is then entered comes to the appellate court clothed with a presumption of correctness. Therefore, the appellant bears the burden of demonstrating reversible error.

We have considered the record, briefs, and arguments of counsel in the light of the controlling principles of law and the applicable state constitutional and statutory provisions. We have concluded that the record contains substantial competent evidence to sustain the judgment granting *710specific performances of the option provision.

For the reason that the appellants have failed to make reversible error appear, the judgment appealed is affirmed.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Benedict v. Dade Cnty. Realty, Inc., 274 So. 2d 553 (Fla. 3d DCA 1973)
    …rmining the weight, credibility and sufficiency of the evidence, and these findings are clothed with the presumption of correctness. Gaisford v. Frostman, Fla.App. 1967, 202 So. 2d 790; Heredia v. Industrial Supplies, Inc., of Florida, Fla.App.1972, 265 So. 2d 709; Imperial Lumber Co. v. Knowles, Fla.App.1972, 267 So. 2d 53; Hayes v. Williams, Fla.App.1972, 271 So. 2d 200. The court’s findings are entitled to the weight of a jury verdict and will not be disturbed unless it is shown that there is a total lack…
  • Harnish v. Carbonell, 328 So. 2d 489 (Fla. 3d DCA 1976)
    …efully considered in the light of the record, briefs and arguments of counsel, and we find no reversible error has been shown. City of Miami Beach v. Fein, Fla.App.1972, 263 So. 2d 258; Heredia v. Industrial Supplies, Inc., of Florida, Fla.App.1972, 265 So. 2d 709; Mesick v. Loeser, Fla.App.1975, 311 So. 2d 132; Peacock v. Carver, Fla.App.1975, 315 So. 2d 214. The record discloses the case was fully and fairly tried; that the judgment is supported by the evidence and that the several rulings of the trial cour…

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