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Davis Parks, Inc. v. Poole Eng. Co.

District Court of Appeal of Florida, First District
Dec 23, 1971
255 So. 2d 713 (Fla. Dist. Ct. App. 1971)

Opinion

Nos. P-80, P-81.

December 23, 1971.

Appeal from the Circuit Court for Okaloosa County, Charles A. Wade, J.

James E. Moore of Moore Crump, Niceville, and Charles D. Stewart, Fort Walton Beach, for appellant.

James W. Middleton, Virginia Searcy Barr, and Smith Tolton, for Walton Beach, for appellee.


Appellant seeks review of the adverse final judgments rendered in favor of appellees in each of the above-entitled causes. The principal question preserved on appeal is the sufficiency of the evidence to support the judgments here challenged.

In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals that although the testimony is conflicting in some material respects, it contains substantial evidence to support the findings made and conclusions reached by the trial court. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or the evidence demonstrates that the conclusions reached are erroneous.

Old Equity Life Insurance Company v. Levenson (Fla.App. 1965) 177 So.2d 50; Stoller v. Jaffe (Fla.App. 1961) 125 So.2d 310.

The judgments appealed are respectively affirmed.

CARROLL, DONALD K., Acting C.J., and WIGGINTON and RAWLS, JJ., concur.


Summaries of

Davis Parks, Inc. v. Poole Eng. Co.

District Court of Appeal of Florida, First District
Dec 23, 1971
255 So. 2d 713 (Fla. Dist. Ct. App. 1971)
Case details for

Davis Parks, Inc. v. Poole Eng. Co.

Case Details

Full title:DAVIS PARKS, INC., APPELLANT, v. POOLE ENGINEERING COMPANY OF FORT WALTON…

Court:District Court of Appeal of Florida, First District

Date published: Dec 23, 1971

Citations

255 So. 2d 713 (Fla. Dist. Ct. App. 1971)

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