RICHARD B. PEACOCK ET AL., APPELLANTS,
v.
BERTHA M. CARVER, APPELLEE

Fla. 1st DCA | 1975-07-09
No. W-372
BOYER, C. J., MILLS, J., and MELVIN, WOODROW M., Associate Judge, concur.
315 So. 2d 214 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 16 cases
Topics
Presumption Of Correctness Of Trial Court Judgment Trial Court Judgment Presumption Of Correctness Mortgage Foreclosure

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants, defendants in the trial court, appeal a final judgment of foreclosure of a mortgage. Our review of the record reveals that the evidence adduced and the inferences to be drawn therefrom was conflicting. The experienced and able trial judge had the opportunity of hearing the witnesses and observing their behavior and demeanor. We have only the “cold record”. Under such circumstances the final judgment reaches us with a presumption of correctness and may not be reversed if there is competent evidence in the record to support same. Although we may well have not arrived at the same decision, based on the record before us, nevertheless we cannot say that, as a matter of law, the experienced and able trial judge erred. Accordingly, the final judgment here appealed is

Affirmed.

Appellee’s motion for attorney’s fees incident to this appeal is denied.

BOYER, C. J., MILLS, J., and MELVIN, WOODROW M., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Verneret v. Foreclosure Advisors, LLC, 45 So. 3d 889 (Fla. 3d DCA 2010)
    …f fact by a trial judge in a nonjury proceeding will not be set aside on review unless totally unsupported by competent and substantial evidence. See Laufer v. Norma Fashions, Inc., 418 So. 2d 437, 439 (Fla. 3d DCA 1982). See also Peacock v. Carver, 315 So. 2d 214 (Fla. 1st DCA 1975) (final judgment of trial court reaches district court of appeal with a presumption of correctness and may not be reversed if there is competent evidence in the record to support such judgment). Ms. Verneret alleges that she did…
  • Stoler v. Stoler, 376 So. 2d 253 (Fla. 3d DCA 1979)
    …ng of two minor children, we believe we should not substitute our judgment for his. See Herzog v. Herzog, 346 So. 2d 56 (Fla.1977); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Koeppel v. Koeppel, 351 So. 2d 766 (Fla. 3d DCA 1977); and Peacock v. Carter, 315 So. 2d 214 (Fla. 1st DCA 1975). Accordingly, the final judgment is modified by striking the following language from paragraph 4 of the “Ordered and Adjudged” portion thereof: “There shall be an annual increase in support and alimony based upon the U. S. Depar…
  • Boston Invs., Inc. v. Horowitz, 368 So. 2d 74 (Fla. 3d DCA 1979)
    …PER CURIAM. Affirmed. See Peacock v. Carver, 315 So. 2d 214 (Fla. 1st DCA 1975); 3 Fla.Jur.2d Appellate Review §§ 347, 348 (1978) and cases cited therein; and 4 Fla.Jur.2d Attorneys At Law § 155 (1978).…

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