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Macro v. Miele

District Court of Appeal of Florida, Fourth District
Sep 28, 1982
418 So. 2d 1158 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-958.

August 25, 1982. Rehearing Denied September 28, 1982.

Appeal from the Circuit Court, Broward County, Raymond J. Hare, J.

Robert A. Huth, Jr., Fort Lauderdale, for appellant.

John Korthals of Musselman, Welch Korthals, Pompano Beach, for appellee.


The appellant raised three points on appeal; each concerns a question of whether the judgment is supported by substantial competent evidence. We have concluded that the trial court, acting as the finder of fact, resolved the conflicts in the evidence in a permissible manner and that the judgment is supported by substantial competent evidence.

One legal point deserves passing mention. The appellant has relied extensively on the appellee's admission that the parties never agreed on how the profits from their joint venture would be divided. That admission, however, does not necessarily negate the existence of a joint venture because joint adventurers, like true partners, share equally in the profits of the business venture unless there is an agreement to the contrary. See generally 8 Fla.Jur.2d Business Relationships §§ 495, 496 and 681 (1978).

AFFIRMED.

DOWNEY, HURLEY and DELL, JJ., concur.


Summaries of

Macro v. Miele

District Court of Appeal of Florida, Fourth District
Sep 28, 1982
418 So. 2d 1158 (Fla. Dist. Ct. App. 1982)
Case details for

Macro v. Miele

Case Details

Full title:RALPH S. MACRO, APPELLANT, v. MICHAEL JOSEPH MIELE AND EUGENE R. MACRO…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 28, 1982

Citations

418 So. 2d 1158 (Fla. Dist. Ct. App. 1982)