PETER CASTELLANOS AND LEYDA CASTELLANOS, APPELLANTS,
v.
HIALEAH-MIAMI SPRINGS FIRST STATE BANK, A FLORIDA BANKING CORPORATION, APPELLEE
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The court held that the appellants failed to demonstrate reversible error on appeal.
Appellants appealed a final judgment entered after a non-jury trial in favor of appellee. Appellee's complaint was based on appellants' failure to pay…
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PER CURIAM.
Appellants, defendants and counterplain-tiffs below, appeal a final judgment of the trial court in favor of appellee, plaintiff and counterdefendant below. Also, appellants appeal from an order of the trial court denying their motion for a rehearing.
On January 24, 1975, after a nonjury trial, the trial court entered a final judgment in favor of appellee on its complaint for damages and against appellants on their counterclaims. Appellee’s complaint was predicated upon appellants’ failure to pay an installment when due on a security agreement — retail installment sale contract.
It is a well settled principle that a judgment of the trial court is generally presumed to be correct. Correlatively, the one who asserts error on appeal has the burden of showing it. Such burden can only be met by making reversible error clearly, definitely, and fully to appear. Failure to meet the burden impels the conclusion that there is no error in the record and the judgment appealed must be affirmed. See Leggett v. Seaboard Coast Line R. Co., Fla.App.1969, 221 So. 2d 16; Garner v. Gulf Federal Sav. & Loan Asso., Fla.App.1969, 218 So. 2d 192, and 2 Fla. Jur., Appeals § 316 and the cases cited therein.
We have considered the record, all points in the briefs, and arguments of counsel in the light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the final judgment and order appealed are affirmed.
Affirmed.
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Forster v. Fishermen's Hosp., Inc., 363 So. 2d 840 (Fla. 3d DCA 1978)…this lawsuit. An order from the trial court arrives in the reviewing court clothed with a presumption of correctness and it is incumbent upon an appellant who asserts error to clearly show it. Castellanos v. Hialeah-Miami Springs First State Bank, 330 So. 2d 100 (Fla. 3d DCA 1976). As no error has been clearly shown by the appellant, the order appealed from is hereby affirmed. Affirmed.…
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Flagship Nat'l Bank v. Gray Distrib. Sys., Inc., 445 So. 2d 1080 (Fla. 3d DCA 1984)…ngs of fact made by the trial judge, we affirm same. Smith v. Hamilton, 428 So. 2d 382 (Fla. 4th DCA 1983); Mori v. Matsushita Electric Corporation of America, 380 So. 2d 461 (Fla. 3d DCA 1980); Castellanos v. Hialeah-Miami Springs First State Bank, 330 So. 2d 100 (Fla. 3d DCA 1976); Brune v. Kings Creek of Gainesville, Inc., 317 So. 2d 848 (Fla. 1st DCA 1975). Affirmed.…
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Bogen v. Florio, 356 So. 2d 1277 (Fla. 3d DCA 1978)…failed to clearly show any such error, the actions of the trial court appealed are affirmed. See, e. g., Egidi Industrial Park Corp. v. Wide Open Spaces, Inc., 335 So. 2d 870 (Fla. 3d DCA 1976); Castellanos v. Hialeah-Miami Springs First State Bank, 330 So. 2d 100 (Fla. 3d DCA 1976); Strata v. Strate, 328 So. 2d 29 (Fla. 3d DCA 1976); and Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975). See generally 2 Fla. Jur. Appeals §§ 314 and 316 (Cum.Supp. 1978). 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
- Leggett v. Seaboard Coast Line R.R. Co., 221 So. 2d 16 (Fla. 1st DCA 1969)
- Austin v. State, 218 So. 2d 192 (Fla. 1st DCA 1969)