Boyte v. Stoer

Citation114 Fla. 395,153 So. 845
PartiesBOYTE v. STOER et al.
Decision Date02 April 1934
CourtUnited States State Supreme Court of Florida

Rehearing Denied April 21, 1934.

Suit by Margaret K. Stoer and C. H. Stoer, as executors of the estate of J. J. Stoer, deceased, against W. W. Boyte. From a decree for complainants, defendant appeals.

Affirmed.

Appeal from Circuit Court, Lake County; J. C. B. Koonce, Judge.

COUNSEL

P. C. Gorman, of Leesburg, for appellant.

A. S. Herlong, Jr., of Leesburg, for appellees.

OPINION

PER CURIAM.

The appeal is from a decree requiring appellant to remove an obstruction from a portion of the highway, which obstruction it is alleged resulted in peculiar damage to the property of the appellees.

The correctness of the decree depends upon whether or not it is supported by the evidence.

There is ample evidence to support the decree, and the same is affirmed.

WHITFIELD, P.J., and BROWN and BUFORD, JJ., concur.

DAVIS, C.J., and ELLIS and TERRELL, JJ., concur in the opinion and judgment.

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3 cases
  • Marcus v. Hull
    • United States
    • Florida Supreme Court
    • May 9, 1939
    ...to the same weight and consideration on appeal as the verdict of a jury. Schonfeld v. Engler, 119 Fla. 138, 160 So. 879; Boyte v. Stoer, 114 Fla. 395, 153 So. 845; Fickling Properties v. Smith, 123 Fla. 556, 167 42; Dolan Properties v. Vonnegut, 117 Fla. 830, 158 So. 457. Yet, where the evi......
  • Miller v. Bay-to-gulf, Inc.
    • United States
    • Florida Supreme Court
    • January 26, 1940
    ... ... that such finding is erroneous. Schonfeld v. Engler, ... 119 Fla. 138, 160 So. 879; Boyte v. Stoer, 114 Fla ... 395, 153 So. 845; Fickling Properties, Inc. [141 ... Fla. 458] v. Smith, 123 Fla. 556, 167 So. 42; ... Walter J. Dolan ... ...
  • Southerland v. Florida Nat. Bldg. Corp.
    • United States
    • Florida Supreme Court
    • June 4, 1934

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