Global Aero Service, Inc. v. Lloyd Aereo Boliviano, S.A.
| Citation | 157 So.2d 708 |
| Decision Date | 19 November 1963 |
| Docket Number | No. 63-230,63-230 |
| Parties | GLOBAL AERO SERVICE INC., Appellant, v. LLOYD AEREO BOLIVIANO, S.A. et al., Appellees. |
| Court | Florida District Court of Appeals |
Taylor & Bergstresser and Hansford D. Tyler, Jr., Miami, for appellant.
Duke & Laufer, No. Miami, for appellees.
Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.
The appellant, Global Aero Service, Inc., (hereinafter Global) was the defendant in a suit brought by the appellee, Lloyd Aereo Boliviano, S.A., et al., (hereinafter Lloyd) wherein Lloyd sought an accounting, injunction, damages and other relief.
Lloyd alleged in its complaint that Global had breached a contract which the parties had entered into whereby Global had agreed to sell certain airplane parts to Lloyd and deliver them to Ripsa Airline at Miami, Florida for shipment to South America before certain dates. It is alleged that Global failed to make delivery within the time and in the manner provided for in the contract.
Global filed an answer denying the breach and a cross claim for the full amount due under the contract. Upon final hearing, the chancellor entered a final judgment in favor of Lloyd, the pertinent parts of which are:
'3. That there is now due and owing the Plaintiff from the Defendant under their agreements the sum of $5,530.58.
'4. The Defendant failed to ship the merchandise on or before May 15, 1962, thus terminating the contract.
'5. The Defendant is not entitled to recover alleged losses and profits caused by the termination of the agreement between the parties.
'WHEREFORE, it is ORDERED, ADJUDGED AND DECREED:
'(1) That the Plaintiff is granted a judgment in the sum of five thousand, five hundred thirty dollars and fifty-eight cents ($5,530.58), which said judgment is hereby entered against the Defendant, GLOBAL AERO SERVICE, INC.
'(2) That the outstanding promissory notes given by the Plaintiff to the Defendant are hereby declared null and void and of no effect whatsoever, and the Defendant is ordered forthwith to deliver all the notes to the attorney for the Plaintiff.
'(3) That the Defendant recover nothing from the Plaintiff on the Cross-Claim.'
Global contends in effect that the evidence fails to support the chancellor's holding that it had breached the terms of the contract so as to entitled Lloyd to recover.
It is a well established rule of law that every judgment, order or decree of a trial court brought up for...
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Nadiak v. Nadiak, 64-586
...Picchi v. Picchi, Fla.1958, 100 So.2d 627, 629; Frell v. Frell, Fla.App.1963, 154 So.2d 706, 709; Global Aero Service, Inc. v. Lloyd Aereo Boliviano, S.A., Fla.App.1963, 157 So.2d 708, 709. It deals with matters which are regarded as being within the sound judicial discretion of the chancel......
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Miami Nat. Bank v. Fink, 64-489
...in this court with a presumption of correctness. See: Holland v. Hall, Fla.App.1962, 145 So.2d 552; Global Aero Service, Inc. v. Lloyd Aereo Boliviano, S. A., Fla.App.1963, 157 So.2d 708. Examining the record on appeal in the instant case in light of the above principles, it appears that se......
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Larsen v. Larsen, G-159
...Fla.1958, 100 So.2d 627, 629; Frell v. Frell, Fla.App.1963, 154 So.2d 706, 709; Global Aero Service, Inc. v . Lloyd Aereo Boliviano, S.A., Fla.App.1963, 157 So.2d 708, 709. It deals with matters which are regarded as being within the sound judicial discretion of the chancellor, and one who ......
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Schor's Estate, In re, 64-115
...here with a presumption of correctness [see: State v. Town of Sweetwater, Fla.1959, 112 So.2d 852; Global Aero Service, Inc. v. Lloyd Aereo Boliviano, S. A., Fla.App.1963, 157 So.2d 708], if it can be supported on any theory it should be affirmed. See; Cohen v. Mohawk, Inc., Fla.1962, 137 S......