U. S. Y. & T. INDUSTRIES, INC., F/K/A UNION STOCKYARDS & TRANSIT COMPANY OF CHICAGO, APPELLANT,
v.
CHAROLAIS HERDS & RANCHES, INC., A FLORIDA CORPORATION, APPELLEE; U. S. Y. & T. INDUSTRIES, INC., F/K/A UNION STOCKYARDS & TRANSIT COMPANY OF CHICAGO, APPELLANT, V. CHAROLAIS HERDS & RANCHES, INC., A FLORIDA CORPORATION, THE HARTFORD INSURANCE GROUP, THE HARTFORD FIRE INSURANCE CO., HULL & CO., INC., ET AL., APPELLEES
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This case involves an appeal of several orders and judgments from a non-jury damage suit. The appellate court reviewed the trial transcript, exhibits, and findings of fact, ultimately concluding that the trial court's judgment was supported by sufficient evidence and that the taxation of costs and attorney's fees was handled correctly.
The appellate court held that the trial court's final judgment was supported by sufficient competent, substantial evidence. The court also held that the trial judge did not err in the taxation of costs and awarding of attorney's fees, properly interpreting relevant rules and statutes.
[1] A final judgment is supported by sufficient competent, substantial evidence when the appellate court reviews the trial transcript, exhibits, and record, and finds the evi…
[2] A trial court does not err in the taxation of costs and awarding of attorney's fees when it properly interprets and applies relevant rules of civil procedure and statutor…
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Join FLexlaw to unlock all legal intelligence“Based upon all of such record, argument and briefs, we conclude that the final judgment rendered by the trial court is supported by sufficient competent, substantial evidence.”
This quote establishes the appellate court's finding that the trial court's judgment was factually sound.
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Join FLexlaw to unlock all legal intelligenceU. S. Y. & T. INDUSTRIES, INC. appealed orders and judgments entered by the Circuit Court of Suwannee County in a non-jury damage suit. The appeal con…
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PER CURIAM.
This is an appeal seeking review of the orders and judgments of the Circuit Court of Suwannee County bearing dates of September 14, 1976, September 20, 1977, and December 3, 1977, all entered by the trial judge in a non-jury damage suit between the parties hereto. We have examined the transcript of the testimony taken at the trial, the exhibits received into evidence by the trial judge, the entire record herein, including the findings of fact found by the Court below in the final judgment of date September 20,1977, the final orders of the judge fixing attorney’s fee and taxing costs, we have heard oral argument of counsel for both sides and have read the briefs of both counsel. Based upon all of such record, argument and briefs, we conclude that the final judgment rendered by the trial court is supported by sufficient competent, substantial evidence. See Strawgate and Higier v. Turner (1976, Fla.S.Ct.) 339 So. 2d 1112; Ross v. Florida Sun Life Ins. Co. (1960, Fla.App. D2) 124 So. 2d 892; Bornstein v. Bornstein (1968, Fla.App. D4) 215 So. 2d 60; Lowery v. Rosenberg (1962, Fla.App. Dl) 147 So. 2d 321, cert, denied (Fla.S.Ct.) 153 So. 2d 306; Bali, Inc. v. Sherwood’s Commercial Brokers, Inc. (1975, Fla. App. Dl) 326 So. 2d 21; Duncanson v. Service First, Inc. (1963, Fla.App. D3) 157 So. 2d 696.
We also find that the trial judge did not err in the taxation of costs and awarding of attorney’s fee as taxed and awarded in his post-judgment orders. We hold that the trial court as to these issues properly interpreted and applied the provisions of Rule 1.442, Florida Rules of Civil Procedure, taken in context with the provisions of Section 627.428, Florida Statutes (1977). See Miami Law Review, Vol. 31, page 887, and cases cited therein; Hernandez v. Travelers Insurance Company (1976, Fla.App. D3) 331 So. 2d 329; Tucker v. Shelby Mut. Ins. Co. of Shelby, Ohio (1977, Fla.App. D1) 343 So. 2d 1357.
We find the other assignments of error likewise to be without merit.
AFFIRMED.
MILLS, Acting C. J., MASON, ERNEST E., Associate Judge and MELVIN, J., concur.
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Tuttle/White Constructors, Inc. v. State, 371 So. 2d 1096 (Fla. 1st DCA 1979)…ol Board v. Florida Public Employees Relation Commission, et al., (1977, Fla.App. D1) 353 So. 2d 108; U. S. Y. & T. Industries, Inc. f/k/a Union Stockyards & Transit Company of [*1097] Chicago v. Charolais Herds & Ranchers, Inc., (1979, Fla.App. D1) 367 So. 2d 1084, and cases cited therein. Affirmed. MILLS, Acting C. J., and MASON, ERNEST E., Associate Judge, concur. ERVIN, J., dissents.…
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Authorities Cited
- Strawgate v. Dorothea Chase Turner, 339 So. 2d 1112 (Fla. 1976)
- Hervey S. Ross v. Fla. SUN Life Ins. Co., 124 So. 2d 892 (Fla. 2d DCA 1960)
- Duncanson v. Serv. First, Inc., 157 So. 2d 696 (Fla. 3d DCA 1963)
- Tucker v. Shelby Mut. Ins. Co. OF Shelby, 343 So. 2d 1357 (Fla. 1st DCA 1977)
- Lowery v. Rosenberg, 147 So. 2d 321 (Fla. 1st DCA 1962)
- Hernandez v. Travelers Ins. Co., 331 So. 2d 329 (Fla. 3d DCA 1976)
- Bali, Inc. v. Sherwood's Commercial Brokers OF Daytona Beach, Inc., 326 So. 2d 21 (Fla. 1st DCA 1975)
- Clark v. State, 153 So. 2d 306 (Fla. 1963)
- Nubar Tool & Eng'g Co. v. United Steelworkers OF Am., AFL-CIO, 153 So. 2d 306 (Fla. 1963)
- Bornstein v. Burton Bornstein, 215 So. 2d 60 (Fla. 4th DCA 1968)