HARBOR YACHT REPAIR, INC., APPELLANT,
v.
LIONEL SANGER, APPELLEE

Fla. 3d DCA | 1973-06-19
No. 72-1451
Before PEARSON, CHARLES CARROLL and HENDRY, JJ.
279 So. 2d 64 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 4 cases
Topics
Presumption Of Correctness Of Trial Court Findings Conflicting Evidence Replevin Security Interest

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant brought an action m replev-in to recover possession of an automobile. The appellee claimed that the automobile was delivered to him as security for a loan which had not been repaid. The trial court found after a trial without jury that the appellee was entitled to possession under the agreement of the parties.

On this appeal, the appeuant urges that because title to the automobile had not passed to the appellee, the appellant should have been awarded possession of the security. The findings of the trial court arrive in an appellate court clothed in a presumption of correctness and an appellate court will not reverse such findings when they are supported by competent evidence. See City of Miami Beach v. Fein, Fla.App.1972, 263 So.2d 258. The findings before us on this appeal were made upon conflicting evidence and there is sufficient evidence in the record to support the trial court’s finding that the parties agreed that the appellee was to have possession of the security until the loan was repaid.

Affirmed.

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Citator

Cited By

  • Calafell v. Kinstler, 437 So. 2d 211 (Fla. 3d DCA 1983)
    …PER CURIAM. Affirmed. See Harbor Yacht Repair, Inc. v. Sanger, 279 So. 2d 64 (Fla. 3d DCA 1973); Pokress v. Josephart, 152 So. 2d 756 (Fla. 3d DCA 1963).…
  • Mori v. Matsushita Elec. Corp. OF Am., 380 So. 2d 461 (Fla. 3d DCA 1980)
    …clearly erroneous, the trial court’s findings will not be disturbed. Mart v. Leibman, 281 So. 2d 367 (Fla. 3d DCA 1973); CIC Leasing Corp. v. Dade Linen and Furniture Co., 279 So. 2d 73 (Fla. 3d DCA 1973); Harbor [*464] Yacht Repair, Inc. v. Sanger, 279 So. 2d 64 (Fla. 3d DCA 1973). The issue of damages was subsequently tried, also non-jury, and that proceeding culminated in a final judgment entered by the trial court on September 1, 1978. That judgment, provided that Mori was to recover from Panasonic the…

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