STOCKTON, WHATLEY, DAVIN & COMPANY, A FLORIDA CORPORATION, AND NEW HAMPSHIRE INSURANCE COMPANY, A NEW HAMPSHIRE CORPORATION, APPELLANTS,

v.

RICHARD N. BROCK AND JEANNE D. BROCK, HIS WIFE, APPELLEES

Citator

Cited By

• Lottie Mae Marshall and Anthony Marshall v. Gawel, 696 So. 2d 937 (Fla. 2d DCA 1997)
  …t 386. The assertions in the affidavits that Kathleen had no authority or control over the vehicle do not change our analysis. The parties’ intent regarding who would have beneficial ownership must be determined from their overt acts. Hogan v. Keen, 349 So. 2d 175 (Fla. 1st DCA 1977). “The mere fact that the evidence concerning the intent of the parties is uncontroverted does not necessarily mean that there is no genuine issue as to this material fact, if the uncontradicted evidence is lawfully susceptible of…
• Hines v. Keen, 389 So. 2d 701 (Fla. 1st DCA 1980)
  …is actually consummated is of course a question of law to be determined from the evidentiary facts, and that issue may be proper for summary judgment by the court without a jury unless the facts or inferences are materially disputed. Hogan v. Keen, 349 So. 2d 175 (Fla. 1st DCA 1977); Register v. Redding, 126 So. 2d 289 (Fla. 1st DCA 1961). Also the retention of legal title to secure payment does not preclude a determination that beneficial ownership was transferred. McCall v. Garland, 371 So. 2d 1080 (Fla. 4…
• Edra Peacock v. Melvin, 652 So. 2d 951 (Fla. 1st DCA 1995)
  …counsels’ briefs and heard oral argument, we must note from the outset that the findings of a trial judge sitting as trier of fact are clothed with the same presumption of correctness accorded a jury verdict. Stockton, Whatley, Damn & Co. v. Brock, 349 So. 2d 175 (Fla. 1st DCA 1977). In a trial without a jury, the trial judge must evaluate and weigh the testimony and the evidence presented and judge the credibility of the witnesses. Shaw v. Shaw, 334 So. 2d 13 (Fla.1976). An appellate court should not substi…