HUDSON COMPANY, A FLORIDA CORPORATION, AND J. E. HUDSON, APPELLANTS,
v.
HOLLY HILL CITRUS CANNING COMPANY, INC., A FLORIDA CORPORATION, APPELLEE
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This case involves an appeal by defendants from a judgment in a contract action concerning the sale of citrus fruit. The appellate court affirmed the trial court's judgment, finding the factual determination to be within the trial judge's discretion.
Yes, the trial judge's factual determination was within their discretion. The judgment amount should be corrected to $3,639.44 as stipulated by the parties.
“We have reviewed the evidence and studied the briefs of the parties and find that the question so determined was within the judgment of the trial judge.”
This quote establishes the appellate court's deference to the trial judge's factual findings.
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Join FLexlaw to unlock all legal intelligenceThe case centers on a contractual dispute over the sale and delivery of citrus fruit. The trial court, sitting without a jury, ruled in favor of the p…
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This case is an appeal by the defendants below seeking a review of a judgment, entered by the trial court sitting without a jury, adverse to them in a contractual action involving a sale and delivery of citrus fruit.
The controversy between the parties involved a question of fact in which the trial judge, acting without a jury, ruled in favor of the plaintiff, below, appellee here.
We have reviewed the evidence and studied the briefs of the parties and find that the question so determined was within the judgment of the trial judge. Therefore, judgment must be affirmed.
During the oral argument the attorneys for the respective parties stipulated that ■due to a subtraction error made in the -computation of certain sums, the judgment in this case should be $3,639.44 instead of $3,538.24 and that on the remand of the ■ case, if affirmed, that the trial judge should enter a new judgment in the sum of $3,-639.44.
It is directed that on the remand of this ■ case that a judgment be entered in favor of the plaintiff below, Holly Hill Citrus Canning Company, a Florida corporation, in the sum of $3,639.44.
SHANNON, C. J., ALLEN, J., and FIENSLEY, ROBERT E., Associate Judge, concur.