DORON JOCKEY CLUB, LLC, ETC.
v.
THE JOCKEY CLUB CONDOMINIUM APARTMENTS, INC., ETC.
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The trial court's judgment is affirmed because it is supported by competent substantial evidence and appellate courts may not reweigh evidence already weighed by the trial court.
[1] Permission to come upon one's premises may be implied from custom, usage, or conduct.
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Standard of review for appellate consideration of trial court judgments
Doron Jockey Club, LLC appealed a judgment entered by the Circuit Court for Miami-Dade County in a dispute with The Jockey Club Condominium Apartments…
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Third District Court of Appeal State of Florida Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing. No. 3D24-0930 Lower Tribunal No. 22-844-CA-01 Doron Jockey Club, LLC, etc., Appellant, vs. The Jockey Club Condominium Apartments, Inc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Lisa S. Walsh, Judge. Pierce Schultz PLLC, and Pierce Schultz (Boca Raton), for appellant. Armstrong Teasdale LLP, Marlon Weiss, Jeffrey R. Lam, and Glen H. Waldman, for appellee. Before FERNANDEZ, GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. See Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981)
(providing that legal sufficiency of a judgment is reviewed for competent substantial evidence); Noonan v. Snipes, 569 So. 2d 1381, 1381 (Fla. 2d DCA 1990) (“[A]n appellate court is not entitled to reweigh the evidence which was already weighed by the trial court.”); Boston Mfrs. Mut. Ins. Co. v. Fornalski, 234 So. 2d 386, 387 (Fla. 4th DCA 1970) (“Permission to come
upon one’s premises may be implied from custom, usage or conduct.”); see
also Crowell v. Fla. Power Corp., 438 So. 2d 958, 959 (Fla. 2d DCA 1983);
Florida Publ’g. Co. v. Fletcher, 340 So. 2d 914, 917-19 (Fla. 1976).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Publ'g Co. v. Klenna Ann Fletcher, 340 So. 2d 914 (Fla. 1976)
- Boston Mfrs. Mut. Ins. Co. v. Fornalski, 234 So. 2d 386 (Fla. 4th DCA 1970)
- Noonan v. Snipes, 569 So. 2d 1381 (Fla. 2d DCA 1990)
- Schuyler R. Crowell and Selma R. Crowell v. Fla. Power Corp., 438 So. 2d 958 (Fla. 2d DCA 1983)