APECO MARINA, INC., APPELLANT,
v.
ST. PAUL FIRE & MARINE INSURANCE COMPANY, APPELLEE
NATHAN, Judge.
Appellant, defendant in the trial court, seeks review of a final money judgment entered by the court without a jury. The sole issue raised on appeal is whether the evidence adduced at trial supported the verdict as to damages.
Findings of the trial judge in a non-jury case are presumed to be correct and will not be disturbed unless there is a lack of competent evidence to support the conclusion reached. City of Miami Beach v. Fein, Fla.App.1972, 263 So. 2d 258; City of Jacksonville v. Mack, Fla.App.1972, 260 So. 2d 542; Vincent v. Lawson, Fla.App.1973, 272 So. 2d 162.
Careful review of the facts in the case sub judice discloses that there was substantial competent evidence to support the judgment.
Affirmed.
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Ideal Mut. Ins. Co. v. Waldrep, 400 So. 2d 782 (Fla. 3d DCA 1981)…ing the trial court’s finding that the notice of loss was timely, we note the well-established principle that such a finding arrives in this court with a presumption of correctness. See Apeco Marina, Inc. v. St. Paul Fire & Marine Insurance Company, 301 So. 2d 136 (Fla. 3d DCA 1974). The determinations of (i) whether the notice provision was complied with and (ii) what is a reasonable time under the surrounding circumstances are questions of fact, see Hendry v. Grange Mutual Casualty Co., 372 F. 2d 222, 226 (…
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Commercial Bank OF Kendall v. Costley, 324 So. 2d 182 (Fla. 3d DCA 1975)…n such evidence is found to be lacking, even when the evidence is considered in a light most favorable to the prevailing party, it is an appellate court’s duty to reverse. Apeco Marina, Inc. v. St. Paul Fire & Marine Insurance Company, Fla.App.1974, 301 So. 2d 136; Manchester Insurance & Indemnity Company v. Novack, Fla.App. 1973, 284 So. 2d 433; C. T. Heath v. First National Bank in Milton, Fla.App.1968, 213 So. 2d 883; and see 2 Fla.Jur. Appeals § 343. In the instant case, the record shows that the legal a…
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Otto G. Klein v. Murray M. Friedman, 341 So. 2d 527 (Fla. 3d DCA 1977)…intiffs were able to deliver. This finding is supported by substantial evidence in the record. We, therefore, hold that the finding of the trial judge may not be reversed on appeal. See Apeco Marina, Inc. v. St. Paul Fire & Marine Insurance Company, 301 So. 2d 136 (Fla.3d DCA 1974). Affirmed.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Est. of Joseph Dunbar Wight v. First Nat'l Bank IN ST. Petersburg, 263 So. 2d 258 (Fla. 2d DCA 1972)
- Petition of James L. Wall, Jr., 260 So. 2d 542 (Fla. 3d DCA 1972)
- Vincent v. Lawson, 272 So. 2d 162 (Fla. 4th DCA 1973)
- Long v. State, 272 So. 2d 162 (Fla. 4th DCA 1973)