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Zack Co. v. Cutchens Construction, Inc.

District Court of Appeal of Florida, Third District
Apr 19, 1977
344 So. 2d 942 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-881.

April 19, 1977.

Appeal from the Circuit Court, Dade County, Rhea Grossman, J.

Friedman Britton and Robert A. Schatzman, Miami, for appellant.

A. Jay Cristol and Steven Mishan, High, Stack, Davis Lazenby and Alan R. Dakan, Miami, for appellee.

Before HENDRY, C.J., BARKDULL, J., and CHARLES CARROLL (Ret.), Associate Judge.


The appellant was found guilty, in a non jury trial, of negligently constructing a roof, under a subcontract with the appellee resulting in damages to appellee.

Appellant seeks reversal of the judgment and amended judgment on the ground that the relevant competent evidence adduced was insufficient to support a judgment for damages in favor of the appellee.

We have carefully considered the point on appeal in the light of the record, briefs and arguments of counsel and have concluded that no reversible error has been demonstrated.

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, there is substantial competent evidence to support the trial court's findings and judgment. It is not this court's province to substitute its judgment for that of the trier of facts. Accordingly, the judgments appealed are affirmed.

Affirmed.


Summaries of

Zack Co. v. Cutchens Construction, Inc.

District Court of Appeal of Florida, Third District
Apr 19, 1977
344 So. 2d 942 (Fla. Dist. Ct. App. 1977)
Case details for

Zack Co. v. Cutchens Construction, Inc.

Case Details

Full title:THE ZACK COMPANY, A FLORIDA CORPORATION, APPELLANT, v. CUTCHENS…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 19, 1977

Citations

344 So. 2d 942 (Fla. Dist. Ct. App. 1977)