ALPHONSO A. DOZIER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1975-04-23
No. 46363
ADKINS, C. J., and ROBERTS, BOYD and OVERTON, JJ., concur., McCAIN, J., dissents.
312 So. 2d 755 Florida Supreme Court (1975) Positive Treatment
Cited by 12 cases

Opinion of the Court

Certiorari denied. 300 So. 2d 341.

ADKINS, C. J., and ROBERTS, BOYD and OVERTON, JJ., concur. McCAIN, J., dissents.


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  • Markham v. E.C. Fogg, III, 458 So. 2d 1122 (Fla. 1984)
    …s this finding, an appeals court should not substitute its judgment for that of the trier of fact. Greenwood v. Oates, 251 So. 2d 665 (Fla. 1971); Firstamerica Development Corp. v. County of Volusia, 298 So. 2d 191 (Fla. 1st DCA 1974), cert, denied, 312 So. 2d 755 (Fla.1975). Since the issue of whether the land was primarily being used for agricultural purposes is one of fact, the trial court’s finding is clothed with a presumption of correctness. Since the evidence was conflicting, we find that there was amp…
  • Macaria Rivera v. Dade Cnty., 485 So. 2d 17 (Fla. 3d DCA 1986)
    …adings to strike the absent defendant, we need not remand this cause for the entry of a written order. See Viltz v. Viltz, 384 So. 2d 1348 (Fla. 3d DCA 1980); Holmes v. School Board of Orange County, 301 So. 2d 145 (Fla. 4th DCA 1974), cert. denied, 312 So. 2d 755 (Fla.1975).…
  • Hill v. Parks, 373 So. 2d 376 (Fla. 2d DCA 1979)
    …s trier of fact, had the right to reject the evidence presented by appellant and disregard it if he found it unbelievable and lacking in credence. Firstamerica Development Corp. v. County of Volusia, 298 So. 2d 191 (Fla. 1st DCA 1974), cert. denied, 312 So. 2d 755 (Fla.1975); Williams v. Canal Insurance Co., 177 So. 2d 548 (Fla. 3d DCA 1965). However, there is no indication that the trial judge found this evidence unworthy of belief; rather, he concluded that it was insufficient. While the judgment of a trial…

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