Gaisford v. Frostman, 688
| Decision Date | 22 September 1967 |
| Docket Number | No. 688,688 |
| Citation | 202 So.2d 790 |
| Parties | John S. GAISFORD and Lucy Gaisford, Appellants, v. Lucille FROSTMAN et al., Appellees. |
| Court | Florida District Court of Appeals |
Ralph Geilich, of Williams, Geilich & Rotter, Melbourne, for appellants.
Frank Clark, III, Indialantic, for appellee Lucille Frostman.
Appellants (defendants), John S. Gaisford and Lucy Gaisford, appeal from a final judgment entered pursuant to a nonjury trial awarding appellee (plaintiff), Lucille Frostman, a real estate commission.
Appellants' primary thrust on appeal is that the findings of fact and conclusions of law made by the trial judge are clearly erroneous and manifestly against the weight and effect of the evidence.
As the trier of fact the trial judge has the responsibility of determining the weight, credibility and sufficiency of the evidence, and these findings are clothed with the presumption of correctness. Dade Engineering & Construction Co. v. D'Amato, Fla.App.1959, 108 So.2d 627; Bass v. Bass, Fla.App.1966, 188 So.2d 346. The court's findings are entitled to the weight of a jury verdict and will not be disturbed unless it is shown that there is a total lack of substantial evidence to support these conclusions. LaFrance Cleaners & Dyers, Inc. v. Argenio, Fla.App.1962, 147 So.2d 330; Chakford v. Strum, Fla.1956, 87 So.2d 419.
The court having had the benefit of oral argument and having considered the same, carefully examined and considered the record on appeal, the briefs and the points raised, finds that the appellants have failed to overcome the presumption of correctness of the trial court's finding.
Affirmed.
To continue reading
Request your trial
-
Lonergan v. Estate of Budahazi
...1982), rev. denied, 426 So.2d 27 (Fla.1983); Gruman v. State, Dept. of Revenue, 379 So.2d 1313 (Fla. 2d DCA 1980); Gaisford v. Frostman, 202 So.2d 790 (Fla. 4th DCA 1967), cert. denied, 211 So.2d 212 (Fla.1968). Because it is the trial court who has the first-hand opportunity to hear and ob......
-
Estate of Parson
...of fact by the trial judge will be presumed to be correct and are to be given the same weight as a jury verdict. Gaisford v. Frostman, 202 So.2d 790 (Fla. 4th DCA 1967). This proposition is based upon the logical premise that it is the function of the trial court to judge the weight of the ......
-
Miami Beach First Nat. Bank v. Tropical Park, Inc.
...By and Through Bd. of County Com'rs. v. Pepper, Fla.App.1964, 168 So.2d 198; Leeb v. Read, Fla.App.1966, 190 So.2d 830; Gaisford v. Frostman, Fla.App.1967, 202 So.2d 790; Southeast Foods, Inc. v. Penguin Frozen Foods, Fla.App.1967, 203 So.2d Affirmed. SWANN, Judge (dissenting). The option a......
-
Benedict v. Dade County Realty, Inc.
...credibility and sufficiency of the evidence, and these findings are clothed with the presumption of correctness. Gaisford v. Frostman, Fla.App.1967, 202 So.2d 790; Heredia v. Industrial Supplies, Inc., of Florida, Fla.App.1972, 265 So.2d 709; Imperial Lumber Co. v. Knowles, Fla.App.1972, 26......