THOMAS M. BEAVERS ET AL., APPELLANTS,

v.

F. A. CONNER, APPELLEE

Fla. 3d DCA | 1974-01-22

No. 73-445

Before BARKDULL, C. J., and PEARSON and HENDRY, JJ.

289 So. 2d 462 Florida District Court of Appeal, Third District (1974) Caution

Cited by 4 cases

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Holding

The appellate court affirmed the trial court's judgment because no reversible error was demonstrated.

Facts & Procedural History

This case was on its second appeal concerning damages after the first appeal reversed for a new trial on that issue. The prior decision found insuffic…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

Deference To Trier Of Fact Appellate Review Of Damages Compensatory Damages Damages

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Opinion of the Court

PER CURIAM.

This cause is before the court for the second time upon the issue of damages. In our previous decision, reported at 258 So. 2d 330, we reversed for a new trial solely on the issue of plaintiff-appellee’s damages.

The pertinent facts in this case are set forth in our prior opinion. We held therein that the evidence was insufficient to sustain the finding that a “402” certificate of operation has a value of $125,000 and that the plaintiff was entitled to 85% of that sum, based upon “net profits” under an agreement between the plaintiff and defendants.

Upon retrial of this cause, without jury, appellee called three expert witnesses who testified on the fair market value of Mr. Conner’s stock ownership and position with the Panamanian corporation at the time the defendant appropriated the corporation’s stock. The trial court concluded that the plaintiff’s evidence established that he was entitled at $125,000 compensatory damages, plus interest.

It is not within the province of this court to substitute its judgment for that of the trier of fact, unless the record clearly reflects that the findings and conclusions reached by the trial court are erroneous. Old Equity Life Insurance Company v. Levenson, Fla.App. 1965, 177 So. 2d 50; Griffith Services, Inc. v. Walter Kidde Constructors, Inc., Fla.App. 1972, 262 So. 2d 240.

We have considered the record, briefs and arguments of counsel in light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. Therefore, for the reasons stated, the judgment appealed is affirmed.

Affirmed.

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Citator

Cited By

Heard v. Mathis, 344 So. 2d 651 (Fla. 1st DCA 1977)

…309 So. 2d 614 (Fla. 1st DCA 1975). Nevertheless an appellate court will not substitute its judgment for that of the trier of facts unless the record [*655] clearly reflects the findings or conclusions reached were erroneous. Cf.: Beavers v. Conner, 289 So. 2d 462 (Fla. 3rd DCA 1974); Walker v. Connolly, 299 So. 2d 67 (Fla. 1st DCA 1974). It is necessary for Heard to show, since her action is based upon a statute, that the conduct complained of comes within the terms of such statute. 1 Fla.Jur. Actions Secti…
Beavers v. Conner, 300 So. 2d 265 (Fla. 1974)

…Certiorari denied. 289 So. 2d 462. ADKINS, C. J., and BOYD, DEKLE and OVERTON, JJ., concur. McCAIN, J., dissents.…

Authorities Cited

OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
Beavers v. Conner, 258 So. 2d 330 (Fla. 3d DCA 1972)
Griffith Servs., Inc. v. Walter Kidde Constuctors, Inc., 262 So. 2d 240 (Fla. 1st DCA 1972)

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