J. J. AMOTT, JR., APPELLANT,
v.
SIDNEY I. NEY ET UX., APPELLEES

Fla. 1st DCA | 1966-08-11
No. H-176
WIGGINTON, Acting C. J., and JOHNSON and SACK, JJ., concur.
189 So. 2d 379 Florida District Court of Appeal, First District (1966) Positive Treatment
Cited by 2 cases

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Synopsis

The appellate court affirmed a lower court's decision to deny specific performance of a real estate contract, finding substantial evidence supported the chancellor's ruling. The plaintiff appealed, arguing the decree was against the manifest weight of the evidence, but failed to demonstrate reversible error.


Holding

No, the lower court did not err. There was substantial evidence supporting the chancellor's conclusion, and the appellant failed to demonstrate reversible error.


Key Quotes

“The pivotal point on appeal challenges the correctness of the decree on the ground that it is contrary to the manifest weight of the evidence and justice of the cause.”

This quote identifies the central legal argument made by the appellant.

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Facts & Procedural History

The plaintiff (appellant) sued for specific performance of a contract to sell realty. The lower court found the equities favored the defendant (appell…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff has appealed a final decree rendered in a suit for specific performance of a contract to sell realty in which the equities of the cause are found to he in favor of defendant, specific performance denied, and the cause dismissed at the cost of plaintiff.

The cause has been orally argued before the court and the briefs and record on appeal have been read and given full consideration. The pivotal point on appeal challenges the correctness of the decree on the ground that it is contrary to the manifest weight of the evidence and justice of the cause. We have carefully reviewed the record in light of the contentions of the respective parties and find substantial evidence which, when considered in a light most favorable to appellees, is sufficient to support the conclusion reached by the chancellor in the exercise of his lawful discretion. Appellant having failed to demonstrate reversible error, the decree appealed is affirmed. See Bliss v. Hallock, (Fla.App.1959) 113 So.2d 889; Topper v. Alcazar Operating Co., 160 Fla. 421, 35 So.2d 392; Witham v. Shepard, 84 Fla. 75, 92 So. 685.

WIGGINTON, Acting C. J., and JOHNSON and SACK, JJ., concur.


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Citator

Cited By

  • Fortuna Interian v. Patterson, 260 So. 2d 245 (Fla. 3d DCA 1972)
    …PER CURIAM. Affirmed. See Amott v. Ney, Fla.App. 1966, 189 So. 2d 379; cf. Quest v. Barge, Fla.1949, 41 So. 2d 158.…

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