Opinion
No. 73-1076.
April 11, 1975. Rehearing Denied May 6, 1975.
Appeal from Circuit Court, Broward County; George Richardson, Jr., Judge.
James P. O'Flarity and Patrick W. Gillen, Jr., of Law Offices of James P. O'Flarity, Fort Lauderdale, for appellant.
R.T. Shankweiler, of Patterson, Maloney Shankweiler, Fort Lauderdale, for appellee.
We have carefully reviewed the briefs and record in this case, including the transcript of the testimony. Though the appellate questions are close, they are essentially questions of fact. The trial judge observed the witness and obviously rejected some aspects of the testimony. This is his prerogative. Accordingly, we feel obligated to affirm the order on appeal.
Affirmed.
CROSS and DOWNEY, JJ., and VANN, HAROLD R., Associate Judge, concur.