Staton v. Staton, L--461
| Decision Date | 03 February 1970 |
| Docket Number | No. L--461,L--461 |
| Citation | 231 So.2d 531 |
| Parties | Henry STATON, Appellant, v. Frances Robinson STATON, Appellee. |
| Court | Florida District Court of Appeals |
John M. Cain, Orlando, for appellant.
Isham Adams, Daytona Beach, for appellee.
Appellant seeks review of an adverse final judgment, and by cross-appeal the appellee challenges that part of the same judgment which denied her motion for appointment of a receiver to manage the property jointly owned by the parties. The principal question preserved on both the appeal and cross-appeal is the sufficiency of the evidence to support the judgment.
In our review of the issues presented for decision we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals that although the testimony is conflicting, there is substantial evidence to support the findings made and conclusions reached by the trial court. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or that the evidence demonstrates that the conclusions reached are erroneous. 1 The judgment appealed is accordingly affirmed.
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Delgado v. Strong
...judgment on review, Cohen v. Mohawk, Inc., 137 So.2d 222 (Fla.1962); Williams v. Williams, 85 So.2d 225 (Fla.1955); Staton v. Staton, 231 So.2d 531 (Fla. 1st DCA 1970); American Fidelity Fire Insurance Co. v. Clark, 174 So.2d 106 (Fla. 3d DCA 1965), compels the conclusion that the trial jud......
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Thompson v. Jacobs, U--435
...some basis in fact to support the verdict. (Railway Express Agency, Inc. v. Garland, Fla.App.1st 1972, 269 So.2d 708; Staton v. Staton, Fla.App.1st 1970, 231 So.2d 531 and Vanzant v. Davis, In the last above cited case this Court said: 'In order to test the validity of this contention, we n......