BALI, INC., ET AL., APPELLANTS,
v.
SHERWOOD'S COMMERCIAL BROKERS OF DAYTONA BEACH, INC., ET AL., APPELLEES
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PER CURIAM.
This is an appeal from final judgment in a suit for real estate commission tried before the court without a jury. We have examined the record in this cause which involves much conflicting testimony and have also considered the briefs of counsel for the respective parties. The able trial judge who heard the testimony was in a better position to resolve the conflicts and judge the credibility of the witnesses than is this court. Great weight should be given to the correctness of the comprehensive final judgment entered by him. First America Develop. Corp. v. County of Volusia, Fla.App.(1st), 298 So. 2d 191 (1974); Peacock v. Carver, Fla.App.(1st), 315 So. 2d 214 (1975). The judgment is supported by competent substantial evidence and we find that the trial judge did not err in his application of the law to the facts as he found them.
Affirmed.
RAWLS, Acting C. J., and McCORD, J., concur. SMITH, J., dissents, without opinion.
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The Jockey Club, Inc. v. Stern, 408 So. 2d 854 (Fla. 3d DCA 1982)…the witnesses, and such determinations may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence, or to constitute an abuse of discretion. Bali, Inc. v. Sherwood’s Commercial Brokers of Daytona Beach, Inc., 326 So. 2d 21 (Fla. 1st DCA 1975); Jeffreys v. Simpson, 222 So. 2d 224 (Fla. 1st DCA 1969); Federated Department Stores, Inc. v. Planes, 305 So. 2d 248 (Fla.3d DCA 1974). The record reveals that while there was conflicting testimony, there was competent and sub…
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U. S. Y. & T. Indus., Inc. v. Charolais Herds & Ranches, Inc., 367 So. 2d 1084 (Fla. 1st DCA 1979)…pp. D2) 124 So. 2d 892; Bornstein v. Bornstein (1968, Fla.App. D4) 215 So. 2d 60; Lowery v. Rosenberg (1962, Fla.App. Dl) 147 So. 2d 321, cert, denied (Fla.S.Ct.) 153 So. 2d 306; Bali, Inc. v. Sherwood’s Commercial Brokers, Inc. (1975, Fla. App. Dl) 326 So. 2d 21; Duncanson v. Service First, Inc. (1963, Fla.App. D3) 157 So. 2d 696. We also find that the trial judge did not err in the taxation of costs and awarding of attorney’s fee as taxed and awarded in his post-judgment orders. We hold that the trial cou…
Authorities Cited
- Peacock v. Carver, 315 So. 2d 214 (Fla. 1st DCA 1975)
- Firstamerica Dev. Corp. v. Cnty. OF Volusia, 298 So. 2d 191 (Fla. 1st DCA 1974)