Goodman v. Goodman, 706

Citation204 So.2d 21
Decision Date17 November 1967
Docket NumberNo. 706,706
PartiesNorman W. GOODMAN, Appellant, v. Dolores L. GOODMAN, Appellee.
CourtCourt of Appeal of Florida (US)

E. Louis Fields, of Fields & Gaines, Fort Lauderdale, for appellant.

G. H. Martin, Fort Lauderdale, for appellee.

WHITE, JOSEPH S., Associate Judge.

Plaintiff in the trial court appeals a final judgment rendered for defendant, the suit being upon a promissory note executed by defendant to plaintiff at a time when they were husband and wife. The parties were divorced later, and sometime following entry of the divorce decree plaintiff brought suit upon the note.

The case went to trial before the court without a jury. Defendant interposed these separate defenses: 1. Statute of Limitations; 2. Discharge of the note by virtue of a property settlement agreement incorporated in the divorce decree; 3. Accord and satisfaction; 4. Lack of consideration.

The court made a specific finding in the judgment that plaintiff's claim was discharged by virtue of the property settlement agreement. Nothing was said by the court regarding any other defense.

Appellant now argues that the reason thus given by the trial court as a basis for the judgment is an insufficient one and that therefore the judgment should be reversed. In this position appellant has neglected to take into account the rule that a judgment will be affirmed, notwithstanding insufficiency in any particular finding, if, upon the entire record--pleadings and evidence--there is any theory under which the judgment can be supported. See Cohen v. Mohawk, Inc., Fla.1962, 137 So.2d 222; Oper v. Air Control Products, Inc., Fla.App.1965, 174 So.2d 561; Smith v. Bettinghaus, Fla.App.1965, 178 So.2d 201; Best Concrete Corporation v. Oswalt Engineering Service Corporation, Fla.App.1966, 188 So.2d 587.

The record reveals substantial evidence supporting other defenses, or at least one of them, upon which the judgment might have been entered and, hence, the judgment must be affirmed.

Affirmed.

McCAIN and REED, JJ., concur.

To continue reading

Request your trial
8 cases
  • Sheffield v. Superior Ins. Co.
    • United States
    • Court of Appeal of Florida (US)
    • June 30, 1999
    ...223 (Fla.1972); In re Estate of Yohn, 238 So.2d 290 (Fla. 1970); Walton v. Walton, 290 So.2d 110 (Fla. 3d DCA 1974); Goodman v. Goodman, 204 So.2d 21, 21 (Fla. 4th DCA 1967). Here parts of the physicians' testimony support the jury's implicit finding that the cervical injuries were not perm......
  • Walton v. Walton, 73--651
    • United States
    • Court of Appeal of Florida (US)
    • February 26, 1974
    ...been established that a trial judge will be affirmed if he reached the correct decision even if for the wrong reason. Goodman v. Goodman, Fla.App.1967, 204 So.2d 21; In Re Estate of Yohn, Fla.1970, 238 So.2d 290; Firestone v. Firestone, Fla.1972, 263 So.2d As indicated above, the appellant ......
  • Firestone v. Firestone
    • United States
    • United States State Supreme Court of Florida
    • April 12, 1972
    ...where appellate review discloses other theories to support it. See In Re Estate of Yohn, Fla.1970, 238 So.2d 290; Goodman v. Goodman, Fla.App.1967, 204 So.2d 21; Bambrick v. Bambrick, Fla.App.1964, 165 So.2d Sub judice, the record consists of thousands of pages of testimony which we have re......
  • Turner v. Turner, 78-2288
    • United States
    • Court of Appeal of Florida (US)
    • April 30, 1980
    ...where appellate review discloses other theories to support it. See In Re Estate of Yohn, Fla.1970, 238 So.2d 290; Goodman v. Goodman, Fla.App.1967, 204 So.2d 21; Bambrick v. Bambrick, Fla.App.1964, 165 So.2d 449. Id. Accordingly, we look to the record to determine whether the judgment shoul......
  • Request a trial to view additional results
1 books & journal articles
  • Tipping the ole tipsy coachman over in his grave: an inequity of appellate review.
    • United States
    • Florida Bar Journal Vol. 81 No. 7, July 2007
    • July 1, 2007
    ...Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (citing In re Yohn's Estate, 238 So. 2d 290 (Fla. 1970); Goodman v. Goodman, 204 So. 2d 21 (Fla. 4th D.C.A. 1967); Escarra v. Winn Dixie Stores, Inc., 131 So. 2d 483 (Fla. 1961)); Muina v. Canning, 717 So. 2d 550, 553 n.3 (Fla. 1st D.C.......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT