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Bowen v. Everett

District Court of Appeal of Florida, Second District
Dec 29, 1967
205 So. 2d 536 (Fla. Dist. Ct. App. 1967)

Opinion

No. 67-248.

December 29, 1967.

Appeal from the Circuit Court for Polk County, J.H. Willson, J.

J. Julian Bennett, Winter Haven, for appellant.

Quillian S. Yancey, of Yancey, Mattson Carmine, Lakeland, for appellees.


The defendant-appellant has appealed from a judgment entered by the trial court, sitting without jury, in favor of plaintiff-appellees.

It must be remembered that:

"Where a case is tried before a trial judge without the intervention of a jury, the conclusion he reaches has the weight of a jury verdict. The conclusions of the trial judge as to matters of fact come before the appellate court clothed with the presumption of correctness, and in testing the accuracy of such conclusions the appellate court should interpret the evidence and all reasonable inferences and deductions capable of being drawn therefrom in the light most favorable to sustain those conclusions. Ordinarily, the appellate court will refuse to consider a finding of fact made by a trial judge unless it is clearly erroneously (sic) * *." 2 Fla.Jur., Appeals § 346.

The appellant has shown nothing that would lead us to question either the trial judge's findings of fact or his application of law; therefore, the judgment is affirmed.

LILES, C.J., and ALLEN and HOBSON, JJ., concur.


Summaries of

Bowen v. Everett

District Court of Appeal of Florida, Second District
Dec 29, 1967
205 So. 2d 536 (Fla. Dist. Ct. App. 1967)
Case details for

Bowen v. Everett

Case Details

Full title:EDITH M. BOWEN, APPELLANT, v. GLENN D. EVERETT, EXECUTOR OF THE ESTATE OF…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 29, 1967

Citations

205 So. 2d 536 (Fla. Dist. Ct. App. 1967)