DAVIS PARKS, INC., APPELLANT,
v.
POOLE ENGINEERING COMPANY OF FORT WALTON BEACH, A FLORIDA CORPORATION, APPELLEE; DAVIS PARKS, INC., APPELLANT, V. JAMES WORLEY, APPELLEE
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The appellate court affirmed the trial court's judgments because the record contained substantial evidence to support the findings, despite conflicting testimony.
Appellant sought review of adverse final judgments rendered in favor of appellees. The principal question on appeal was the sufficiency of the evidenc…
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Appellant seeks review of the adverse final judgments rendered in favor of appel-lees in each of the above-entitled causes. The principal question preserved on appeal is the sufficiency of the evidence to support the judgments here challenged.
In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals that although the testimony is conflicting in some material respects, it contains substantial evidence to support the findings made and conclusions reached by the trial court. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or the evidence demonstrates that the conclusions reached are erroneous.1
*714The judgments appealed are respectively affirmed.
CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
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Citator
Cited By
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Butler Plaza, Inc. v. Allen Trovillion, Inc., 389 So. 2d 682 (Fla. 5th DCA 1980)…consistent with this opinion. AFFIRMED in part and REMANDED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. . U.S. Fidelity & Guaranty Co. v. Darden, 338 So. 2d 37 (Fla. 3d DCA 1976); Davis Parks, Inc. v. Poole Engineering Co. of Ft. Walton Beach, 255 So. 2d 713 (Fla. 1st DCA 1971). . 17A C.J.S. Contracts § 371(8) (1963); 13 Am. Jur.2d Building & Construction Contracts § 18 (1964). See Moon v. Wilson, 100 Fla. 791, 130 So. 25 (1930); 11 Fla.Jur.2d Contracts § 199 (1979).…
Authorities Cited
- OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
- Stoller v. Jaffe, 125 So. 2d 310 (Fla. 3d DCA 1960)