Manchester Ins. & Indem. Co. v. Novack, 73-120
| Decision Date | 18 September 1973 |
| Docket Number | No. 73-120,73-120 |
| Citation | 284 So.2d 433 |
| Court | Florida District Court of Appeals |
| Parties | MANCHESTER INSURANCE & INDEMNITY COMPANY and Charles Hines, Appellants, v. Joanne NOVACK et al., Appellees. |
Petersen, McGowan & Feder, Miami, for appellant.
Walton, Lantaff, Schroeder, Carson & Wahl and Peter L. Wechsler, Miami, for appellees.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
Defendant-appellants take this interlocutory appeal to review a judgment finding the appellant Charles Hines to be the owner of the subject automobile.
On January 8, 1970 plaintiff-appellees were injured when their automobile was struck from behind by a taxicab driven by one Elisha Johnson, Jr. Defendant-appellant Manchester Insurance & Indemnity Company was the insurer of Johnson and Hines who allegedly owned the taxicab. Plaintiffs Joanne and Thomas Novack filed suit against all three. The cause of action was tried without a jury on the question of ownership of the taxicab and Manchester's liability as insurer. The issues of negligence and damages were severed and still remain to be tried. Defendant-appellant Hines basically contends that he sold the cab to Johnson prior to the accident. After having heard the testimony of all parties, the trial judge entered his findings as follows:
Defendant-appellants contend that it was established as a matter of law that ownership of the automobile involved in the accident was not in the appellant Charles Hines. We disagree.
It is well established that in cases tried without a jury, the lower court's findings are entitled to the weight of a jury verdict and will not be disturbed unless there is a total lack of substantial evidence to support the trial judge's findings. 2 Fla.Jur. Appeals § 346 (1963) and cases cited therein. After a review of the record on appeal, we conclude that there is sufficient evidence upon which the trial judge as trier of the facts was able to find defendant-appellant Charles Hines to be the owner of the taxicab that was being operated by the...
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...DCA 1975); Apeco Marina, Inc. v. St. Paul Fire & Marine Insurance Co., 301 So.2d 136 (Fla. 3d DCA 1974); Manchester Insurance & Indemnity Co. v. Novack, 284 So.2d 433 (Fla. 3d DCA 1973); and Heath v. First National Bank of Milton, 213 So.2d 883 (Fla. 1st DCA 1968). The total overestimation ......
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