Old Equity Life Ins. Co. v. Levenson, 64-1021

• Decision Date: 22 June 1965
• Docket Number: No. 64-1021,64-1021
• Citation: Old Equity Life Ins. Co. v. Levenson, 177 So.2d 50 (Fla. App. 1965)
• Parties: OLD EQUITY LIFE INSURANCE COMPANY, an Illinois insurance corporation doing business in the State of Florida, Appellant, v. Franklyn LEVENSON, Appellee.
• Court: Florida District Court of Appeals

Page 50

177 So.2d 50

OLD EQUITY LIFE INSURANCE COMPANY, an Illinois insurance corporation doing business in the State of Florida, Appellant, v. Franklyn LEVENSON, Appellee.

No. 64-1021.

District Court of Appeal of Florida, Third District.

June 22, 1965.

Rehearing Denied Aug. 9, 1956.

L. J. Cushman, Miami, for appellant.

Truett & Watkins, Miami, for appellee.

Before BARKDULL, C. J., and TILLMAN PEARSON and SWANN, JJ.

PER CURIAM.

The appellant, defendant in the trial court, seeks review of an adverse final judgment rendered in favor of the appellee by the trial court in a non-jury cause. The principal question preserved for review by the appellant was the sufficiency of the evidence to find liability.

We have examined the record in light of the applicable appellate principles as to presumption of correctness and the requirement that an appellate court not disturb the final judgment if there is any substantial, competent evidence to support same. See: Ross v. Florida Sun Life Insurance Company, Fla.App.1960, 124 So.2d 892; LaFrance Cleaners & Dyers, Inc. v. Argenio, Fla.App.1962, 147 So.2d 330.

It is not the function of this or any other appellate court to substitute its judgment for the trier of fact, be it a jury or a trial judge, and...