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Transportes Aereos Benianos v. Tilton

District Court of Appeal of Florida, Third District
Dec 23, 1969
229 So. 2d 319 (Fla. Dist. Ct. App. 1969)

Opinion

No. 69-358.

December 23, 1969.

Appeal from the Circuit Court, Dade County, Henry L. Balaban, J.

W. Emory Daugherty, Jr., Miami Springs, for appellant.

Alex E. Carlson, Miami Springs, and Bretan Marks, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.


The appellant, Transportes Aereos, Benianos, S.A., was the plaintiff in the trial court. Its complaint sought to enforce a statutory lien. After a non-jury trial the court found:

* * * * * *

"1. That plaintiff has failed to prove its case by a preponderance of evidence.

2. That plaintiff's complaint does not lie in the kind of action instituted"

and entered judgment for the defendant.

Appellant's first point is essentially an attack on the sufficiency of the evidence to support the judgment. No error has been demonstrated under this point. See, e.g., Boulevard Nat. Bank of Miami v. Gulf Am. Land Corp., Fla.App. 1968, 212 So.2d 17, 20.

Appellant's second point is a contention that the court should have granted part of its claim because the appellee admitted partial liability. This contention is not supported by the record.

The appellant has not shown reversible error. We therefore affirm the judgment appealed.

Affirmed.


Summaries of

Transportes Aereos Benianos v. Tilton

District Court of Appeal of Florida, Third District
Dec 23, 1969
229 So. 2d 319 (Fla. Dist. Ct. App. 1969)
Case details for

Transportes Aereos Benianos v. Tilton

Case Details

Full title:TRANSPORTES AEREOS BENIANOS, S.A. (TABSA), ALSO KNOWN AS BOLIVIAN AIRWAYS…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 23, 1969

Citations

229 So. 2d 319 (Fla. Dist. Ct. App. 1969)