MARJORIE WALKER, APPELLANT,
v.
JOHN CONNOLLY, SR., ET AL., APPELLEES
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Walker appeals a judgment ordering specific performance of a real estate sales contract. The trial court found the contract valid and enforceable, with Walker having failed to perform while the buyers were ready and willing. The appellate court affirmed, finding the evidence clearly supported the trial court's factual findings.
The court affirmed the judgment for specific performance, concluding the contract was valid, made in accordance with legal requirements, supported by good and sufficient consideration, and free from fraud, sharp practices, or inequitable hardship. The plaintiffs had performed all required obligations and were ready, willing, and able to perform.
[1] Findings of fact made by a court sitting as a trier of both law and facts are entitled to the same weight as a jury verdict and should not be disturbed unless clearly uns…
[2] A contract for the sale of real property is enforceable through specific performance when it is made in accordance with legal requirements, founded on sufficient consider…
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Join FLexlaw to unlock all legal intelligence“The findings of fact made by a court sitting as a trier of both law and facts are entitled to the same weight as the verdict of a jury and should not be disturbed unless clearly unsupported by the evidence.”
Establishes the standard of review for trial court findings of fact on appeal.
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Join FLexlaw to unlock all legal intelligenceThe parties entered into a contract for the sale of real property. The plaintiffs-appellees tendered the balance of the down-payment due and performed…
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JOHNSON, Judge.
Appellant herein seeks reversal of a final judgment in favor of plaintiffs-appel-lees in their suit for specific performance of a contract for the sale of real property.
The findings of fact made by a court sitting as a trier of both law and facts are entitled to the same weight as the verdict of a jury and should not be disturbed unless clearly unsupported by the evidence. We have heard oral argument in this cause and have carefully examined the record on appeal and the briefs submitted by the parties. Upon our consideration thereof, we conclude that the evidence clearly supports the findings of the trial judge and the judgment for specific performance rendered thereon.
In particular, we agree with and quote with approval the following findings of fact:
“B. That the contract which the Plaintiffs demand be enforced was made in accordance with the requirements of law and is founded on a good and sufficient consideration; that the agreement is consistent with public policy and contains the requisite elements of certainty and mutuality and that it did not come into existence as the result of sharp practices or overreaching on the part of the Plaintiffs; that it is free from fraud, surprise or mistake and its enforcement will not produce inequitable hardship upon the Defendant; that the terms of the agreement are so expressed that the Court can determine with reasonable certainty what is the duty of each party and the conditions under which performance is due.
“C. That the Plaintiffs have tendered to the Defendant the balance of the down-payment due on the contract and have done all things required of them by the terms and conditions thereof and are ready, willing and able to perform.”
Appellant having failed to ’ demonstrate error in the above-quoted findings of fact, the judgment for specific performance is accordingly affirmed.
RAWLS, C. J., and SPECTOR, J., concur.
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Atl. Int'l Inv. Corp. v. Turner, 383 So. 2d 919 (Fla. 5th DCA 1980)…trial judge unless the finding is manifestly unreasonable and clearly against the weight of the evidence. Dean v. Palm Beach Mall, Inc., 297 So. 2d 298 (Fla.1974); Blake v. Farrand Corp., Inc., 321 So. 2d 118 (Fla. 3d DCA 1975); Walker v. Connolly, 299 So. 2d 67 (Fla. 1st DCA 1974); Hill v. Coplan Pipe & Supply Co., Inc., 296 So. 2d 567 (Fla. 3d DCA 1974); Dade County v. Miami Herald Publishing Co., 285 So. 2d 671 (Fla. 3d DCA 1973); Alter v. Finesmith, 214 So. 2d 732 (Fla. 3d DCA 1968). Reversal may also b…
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Heard v. Mathis, 344 So. 2d 651 (Fla. 1st DCA 1977)…llate court will not substitute its judgment for that of the trier of facts unless the record [*655] clearly reflects the findings or conclusions reached were erroneous. Cf.: Beavers v. Conner, 289 So. 2d 462 (Fla. 3rd DCA 1974); Walker v. Connolly, 299 So. 2d 67 (Fla. 1st DCA 1974). It is necessary for Heard to show, since her action is based upon a statute, that the conduct complained of comes within the terms of such statute. 1 Fla.Jur. Actions Section 16 (1955). Thus where a particular remedy is conferr…
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Brune v. Kings Creek OF Gainesville, Inc., 317 So. 2d 848 (Fla. 1st DCA 1975)…both the facts and the law. Where evidence is conflicting, we are not privileged to substitute our judgment for that of the trial court even were we inclined to so do, unless' clearly unsupported by the evidence. Walker v. Connolly, Fla.App. (1st), 299 So. 2d 67. The evidence supports the findings of the trial judge and we find no error. Affirmed. RAWLS, Acting C. J., and McCORD and SMITH, JJ., concur.…
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