Gulf Coast Docks, Inc. v. Simon, 1561
| Decision Date | 12 August 1960 |
| Docket Number | No. 1561,1561 |
| Citation | 122 So.2d 414 |
| Parties | GULF COAST DOCKES, INC., Appellant, v. Sinet Maurice SIMON, Appellee. |
| Court | Florida District Court of Appeals |
Askew, Earle & Hawes, St. Petersburg, for appellant.
Lindsey & Cargell, St. Petersburg Beach, for appellee.
The appellee, as plaintiff, filed his complaint in equity against the appellant, as defendant, seeking to reform a contract for the construction of a seawall and seeking damages for defendant's failure to completely perform the contract as reformed and alleged faulty construction of that portion of the seawall which the defendant had constructed. Plaintiff abandoned his attempt to reform the contract. The defendant filed an answer denying that the seawall had been constructed in an unworkmanlike manner and a counterclaim alleging that the defendant had fully performed the contract, that the full contract price had not been paid, and that the same was due and owing the defendant. Neither of the parties objected to the cause continuing on the equity side of the court, and, pursuant to a stipulation, an order was entered referring the cause to a special master, with power to make findings of fact and rulings of law. the special master heard the cause, awarded damages to the plaintiff and denied the defendant's counterclaim. Defendant filed exceptions to the master's report. The Chancellor, after hearing argument on the exceptions to the master's report, entered a final decree adopting and confirming the report of the master. The exceptions to the master's report were on the ground that there was no competent evidence before the master to support his findings.
The parties stipulated that S. Henry Harris, Esquire, be appointed as special master, with power to make findings of fact and rulings of law and an order was entered accordingly.
The record contains substantial competent evidence supporting the master's findings. In the case of Aldred v. Romano et al., Fla.1952, 58 So.2d 436, 438, the court said:
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U.S. Home Corp. v. Suncoast Utilities, Inc.
...Railroad, 349 So.2d 1187, 1189 (Fla.1977); Wash-Bowl, Inc. v. Wroton, 432 So.2d 766, 767 (Fla. 2d DCA 1983); Gulf Coast Docks, Inc. v. Simon, 122 So.2d 414 (Fla. 2d DCA 1960). Futhermore, even assuming the appellant is correct in its contention that the trial court erred in applying the doc......
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McAnespie v. McAnespie
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Petersen v. Petersen
...is reversed with directions to allow the appellant a just portion of the property in question.' This court said in Gulf Coast Docks v. Simon, Fla.App.1960, 122 So.2d 414, 415: 'The parties stipulated that S. Henry Harris, Esquire, be appointed as special master, with power to make findings ......