HUDSON PULP & PAPER CORP., APPELLANT,

v.

BUTLER & COMPANY AND CALVERT FIRE INSURANCE COMPANY, APPELLEES; HUDSON PULP & PAPER CORP., APPELLANT, V. V. M. BOLTON, INDIVIDUALLY AND FOR THE USE AND BENEFIT OF NORTHLAND INSURANCE COMPANY, APPELLEES; HUDSON PULP & PAPER CORP., APPELLANT, V. VERNON MILLING COMPANY AND CALVERT FIRE INSURANCE COMPANY, APPELLEES; HUDSON PULP & PAPER CORP., APPELLANT, V. BUTLER & COMPANY, INC., IN ITS OWN RIGHT AND FOR THE USE AND BENEFIT OF ST. PAUL FIRE AND MARINE INSURANCE COMPANY, APPELLEES

Fla. 1st DCA | 1974-06-06

Nos. U-179 to U-182

RAWLS, C. J., and JOHNSON and SPECTOR, JJ., concur.

297 So. 2d 103 Florida District Court of Appeal, First District (1974) Positive Treatment

Cited by 6 cases

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Holding

The appellate court affirmed the trial court's judgment because substantial evidence supported the jury's verdict.

Facts & Procedural History

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

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Topics

Deference To Trier Of Fact Presumption Of Correctness Of Trial Court Judgment Trial Court Judgment Presumption Of Correctness

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Opinion of the Court

PER CURIAM.

Appellant seeks review of an adverse final judgment rendered in favor of appel-lee. The principal question preserved on appeal is the sufficiency of the evidence to support the judgment.

In our review of the record we have given due consideration to the applicable appellate principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Our review of the record reveals that although the testimony is conflicting, there is substantial evidence to support the jury’s verdict and judgment thereon. 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, C. J., and JOHNSON and SPECTOR, JJ., concur. . Stoller v. Jaffe, 125 So. 2d 310 (Fla.App.1961); Old Equity Life Insurance Company v. Levenson, 177 So. 2d 50 (Fla.App.1965).

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Citator

Cited By

Chicken'n'things & Ins. Co. of N. Am. v. Martha Murray & the Fla. Dep't of Commerce, 329 So. 2d 302 (Fla. 1976)

…t’s view of the facts on appeal, unless the findings are clearly erroneous. Greenwood v. Oates, 251 So. 2d 665, 669 (Fla.1971); A.B.C. Business Forms, Inc. v. Gelvan, 300 So. 2d 64 (Fla.App. 3d Dist. 1974); Hudson Pulp & Paper Corp. v. Butler & Co., 297 So. 2d 103 (Fla.App. 1st Dist. 1974). When proceedings begun in an administrative agency reach this Court by petition for writ of certiorari, however, the showing necessary to overturn fact findings is greater than the showing an appellant must make. Not only…
Maudie Mae Jordan v. Essie Lee Noll, 423 So. 2d 368 (Fla. 1st DCA 1982)

…ce of a clear showing that the trial [*371] judge committed error or that the conclusions reached are erroneous. Shapiro v. State, 390 So. 2d 344 (Fla.1980); Delgado v. Strong, 360 So. 2d 73 (Fla.1978); and Hudson Pulp & Paper Corp. v. Butler & Co., 297 So. 2d 103 (Fla. 1st DCA 1974). In conformity with my belief that the judgment on appeal is supported by competent substantial evidence and that the conclusions reached in light of that evidence are not clearly erroneous, I would affirm.…
Donnie M. Peterson v. Highlands Ins. Co., 328 So. 2d 49 (Fla. 3d DCA 1976)

…light of the facts as found by the trial judge, we find no error in his ruling and affirm. Boulevard National Bank of Miami v. Gulf American Land Corporation, Fla.App.1968, 212 So. 2d 17; Hudson Pulp & Paper Corp. v. Butler & Company, Fla.App.1974, 297 So. 2d 103; Walker v. Connolly, Fla.App. 1974, 299 So. 2d 67. Therefore, for the reasons above stated, the final judgment here under review be and the same is hereby affirmed. Affirmed.…

Authorities Cited

OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
Stoller v. Jaffe, 125 So. 2d 310 (Fla. 3d DCA 1960)

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