REYA RAHEB AND PARVIN PAHLEVANIAN RAHEB, APPELLANTS,
v.
GORDON DI BATTISTO, APPELLEE

Fla. 3d DCA | 1986-02-11
No. 85-108
Before HUBBART, BASKIN and JOR-GENSON, JJ.
483 So. 2d 475 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 24 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

After reviewing all the evidence presented at the non-jury trial conducted in the court below, we conclude that there was substantial, competent evidence to support the final judgment under review. We are not persuaded, as urged, that the testimony of the plaintiff Gordon Di Battisto should have been rejected by the trial court as inherently incredible; it was the trial court’s function, not ours, to weigh the testimony and evidence adduced in the cause based on its observation of the bearing, demeanor, and credibility of the witnesses appearing in the cause. We have no authority on this appeal to substitute our judgment for that of the trial court through a re-evaluation of the testimony and evidence appearing in the appellate record. Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); Hill v. Coplan Pipe & Supply Co., 296 So. 2d 567, 568 (Fla. 3d DCA), cert. denied, 303 So. 2d 642 (Fla.1974); see also Tyus v. Apalachicola Northern Railroad, 130 So. 2d 580, 583 (Fla.1961); Hiestand v. Geier, 396 So. 2d 744, 749 (Fla. 3d DCA), pet. for review denied, 407 So. 2d 1103 (1981).

We find no merit in the remaining points on appeal. The final judgment under review is, therefore, in all respects

Affirmed.


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Cited By (12 total)

  • Land O'Sun Realty Ltd. v. Rewjb GAS Invs., 685 So. 2d 870 (Fla. 3d DCA 1996)
    …H. Swisher & Son, Inc., 369 So. 2d 657 (Fla. 1st DCA 1979). Since its acceptance of the appellees’ position was based on ample evidence to that effect, its decision must stand. Espino v. Anez, 665 So. 2d 1080 (Fla. 3d DCA 1995); Raheb v. DiBattisto, 483 So. 2d 475 (Fla. 3d DCA 1986).4 Affirmed. GODERICH, J., concurs. . The American Heritage Dictionary (William Morris cd., New College ed.1979) defines the word as follows: notwithstanding (not with-stan ding,- not with-)prcp. In spite of; regardless of hind…
  • Haydee Concepcion v. Concepcion, 655 So. 2d 218 (Fla. 3d DCA 1995)
    …PER CURIAM. Affirmed. See Safeway Ins. Co. v. Godoy, 584 So. 2d 1136 (Fla. 3d DCA 1991); Raheb v. Di Battisto, 483 So. 2d 475 (Fla. 3d DCA 1986).…
  • Perez v. Rivero, 534 So. 2d 914 (Fla. 3d DCA 1988)
    …client, was unjustly enriched, and tortiously interfered with Perez’s business relationship with AeroPeru. We affirm because the trial judge’s factual determinations are supported by competent and substantial record evidence. Raheb v. Di Battisto, 483 So. 2d 475 (Fla. 3d DCA 1986). AeroPeru had been a long-time client of Perez & Rivero, without a contract, in a business relationship that was terminable at will by either party. Although the general rule is that an action will lie where a party tortiously int…

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