SARI ABELSON, INDIVIDUALLY AND SARI ABELSON, AS A SURVIVING DIRECTOR AND TRUSTEE FOR THE USE AND BENEFIT OF NEW FLORIDIAN HOTEL, INC., A DISSOLVED FLORIDA CORPORATION, APPELLANT,
v.
ARIE LIONEL BOSEM, A/K/A LIONEL BOSEM, ET AL., APPELLEES
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The appellate court affirmed the trial court's judgment dismissing the plaintiff's complaint with prejudice after a nonjury trial, finding no reversible error in the trial court's factual findings and conclusions.
Trial court factual findings and credibility determinations in nonjury cases are presumed correct and will not be disturbed on appeal if supported by substantial competent evidence.
[1] In a nonjury trial, the trial court's findings of fact and determinations regarding witness credibility are presumed correct on appeal and will not be disturbed if suppor…
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Join FLexlaw to unlock all legal intelligenceSari Abelson, individually and as surviving director and trustee for New Floridian Hotel, Inc., appealed a final judgment dismissing her complaint wit…
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PER CURIAM.
Appellant, plaintiff below, brings these consolidated appeals from a final judgment, entered by the trial court after a nonjury trial, dismissing the complaint with prejudice and reserving jurisdiction over appel-lees’, defendants below, counterclaim.
It is well settled that, where a case is tried before a court without the interven tion of a jury, the conclusions reached by the trial court on questions of fact or questions relating to the credibility of witnesses have the weight of a jury verdict. Such conclusions come to the appellate court clothed with a presumption of correctness and will not be disturbed on appeal where they are supported by substantial competent evidence. See, e. g., Huwer v. Huwer, Fla.App.1965, 175 So. 2d 242; Paul’s Drugs, Inc. v. Southern Bell Tel. & Tel. Co., Fla.App.1965, 175 So. 2d 203; Highland Lakes, Inc. v. Art Present Real Estate, Inc., Fla.App.1962, 147 So. 2d 348; Lowery v. Rosenberg, Fla.App.1962, 147 So. 2d 321; and 2 Fla.Jur., Appeals §§ 314, 316, and 346.
We have considered the record, all points in the briefs, and arguments of counsel in the light of the controlling principles of law, and have concluded that no reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the final judgment appealed is affirmed.
Affirmed.
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Salomon Gutman and Gena Gutman v. Am. Motorists Ins. Co., 410 So. 2d 1001 (Fla. 3d DCA 1982)…ficient for the trial judge to conclude, as he did, that cracks in appellants’ forty-five year old home were due to natural settlement rather than vibrations from nearby construction and were therefore not covered under the policy. Abelson v. Bosem, 336 So. 2d 482 (Fla. 3d DCA 1976); Duncanson v. Service First, Inc., 157 So. 2d 696 (Fla. 3d DCA 1963). See Underwriter’s National Assur. Co. v. Harrison, 338 So. 2d 58 (Fla. 3d DCA 1976). Accordingly, the trial court properly denied attorney’s fees to appellant…
Authorities Cited
- Lowery v. Rosenberg, 147 So. 2d 321 (Fla. 1st DCA 1962)
- Highland Lakes, Inc. v. ART Present Real Est., Inc., 147 So. 2d 348 (Fla. 3d DCA 1962)
- Paul's Drugs, Inc. v. S. Bell Tel. & Tel. Co., 175 So. 2d 203 (Fla. 3d DCA 1965)
- Huwer v. Huwer, 175 So. 2d 242 (Fla. 2d DCA 1965)