LATRELL B. SMITH, APPELLANT,
v.
SEARS, ROEBUCK & CO., APPELLEE
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Affirmed judgment for Sears where trial court found Sears not liable for home improvement work performed by Darryl Adams, as factual findings were supported by competent and substantial evidence.
A trial court's factual findings regarding whether additional home improvement work was performed by an agent on behalf of Sears or by the agent's own company will not be disturbed on appeal if supported by competent and substantial evidence.
Mrs. Smith contracted with Sears for home improvements and alleged that Darryl Adams, acting as Sears' agent, performed additional work outside the wr…
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PER CURIAM.
Latrell B. Smith appeals a final judgment in favor of Sears, Roebuck & Co., appellee, in her action for breach of several contracts for improvements to her home. Mrs. Smith argues that the trial court erred in ruling that Sears was not liable for the acts of Darryl Adams. Mrs. Smith contends that Adams, acting as Sears’ agent, entered into contracts for and performed additional work outside of the scope of her written contracts with Sears and that, as a result, Sears should be responsible for Adams’ allegedly faulty performance of the additional work.
The conflicting evidence here relating to whether the additional work was performed on behalf of Sears or Adams’ own company might have supported a different conclusion by the finder of fact. It is the function of the trial court, not the appellate court, however, to evaluate and weigh the testimony and other evidence introduced at trial to arrive at findings of fact. It is not our function to reweigh the evidence or to substitute our judgment for that of the trial court. Thus, the factual findings of the trial court, especially where factual conflicts must be resolved, will not be set aside on appellate review unless those findings are unsupported by competent and substantial evidence in the record. Clegg v. Chipola Aviation, Inc., 458 So. 2d 1186,1187 (Fla. 1st DCA 1984). Here, after a full review of the record, we conclude that the trial court’s findings in favor of Sears are supported by competent and substantial evidence. Accordingly, we affirm.
AFFIRMED.
BOOTH, BENTON and VAN NORTWTCK, JJ., concur.
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Citator
Authorities Cited
- Clegg v. Chipola Aviation, Inc., 458 So. 2d 1186 (Fla. 1st DCA 1984)
- Haywood v. State, 458 So. 2d 1186 (Fla. 1st DCA 1984)