Shaw v. Shaw

Decision Date12 May 1976
Docket NumberNo. 47710,47710
Citation334 So.2d 13
PartiesGerald B. SHAW, Petitioner, v. Jean A. SHAW, Respondent.
CourtFlorida Supreme Court
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502 cases
  • Bates v. Bates
    • United States
    • Florida District Court of Appeals
    • February 3, 2021
    ...for that of the trial court through re-evaluation of the testimony and evidence from the record on appeal before it." Shaw v. Shaw, 334 So. 2d 13, 16 (Fla. 1976).The appellate court's competent-substantial-evidence review of a trial court's factual findings is limited to determining whether......
  • Reynolds v. State
    • United States
    • Florida Supreme Court
    • May 18, 2006
    ...testimony and evidence based upon its observation of the bearing, demeanor, and credibility of the witnesses.'") (quoting Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976)). We have upheld the finding of this aggravator in cases in which the defendant has expressed apprehension regarding arrest. Se......
  • Royer v. State
    • United States
    • Florida District Court of Appeals
    • December 28, 1979
    ...voluntary consent, by re-evaluation of the testimony and evidence from the record before us, it would not be proper to do so. Shaw v. Shaw, 334 So.2d 13 (Fla.1976); Westerman v. Shell's City, Inc., 265 So.2d 43 (Fla.1972). A warrantless search which is made pursuant to consent does not offe......
  • Provenzano v. Moore
    • United States
    • Florida Supreme Court
    • September 24, 1999
    ...This Court may not arbitrarily overturn the circuit court's finding based upon conflicting evidence in the record. See Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976) ("It is not the function of the appellate court to substitute its judgment for that of the trial court through reevaluation of the......
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2 books & journal articles
  • Appellate standards of review.
    • United States
    • Florida Bar Journal Vol. 73 No. 11, December - December 1999
    • December 1, 1999
    ...Discussing the abuse of discretion standard applicable to reviewing credibility determinations, the Supreme Court held in Shaw v. Shaw, 334 So. 2d 13, 16 (Fla. It is clear that the function of the trial court is to evaluate and weigh the testimony and evidence based upon its observation of ......
  • Zooming In on the Impact Florida's Remote Civil Jury Trials May Have on Appellate Standards of Review.
    • United States
    • Florida Bar Journal Vol. 95 No. 1, January 2021
    • January 1, 2021
    ...judge to evaluate the credibility of witnesses and to weigh the evidence."). (36) Stephens, 748 So. 2d at 1033-34 (quoting Shaw v. Shaw, 334 So. 2d 13, 16 (Fla. 1976)); Guzman, 721 So. 2d at (37) Wigley v. Hares, 82 So. 3d 932, 946 (Fla. 4th DCA 2011) (citing Anderson v. Bessemer City, 470 ......

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