Tsavaris v. NCNB Nat. Bank of Florida, No. 86-417

CourtCourt of Appeal of Florida (US)
Writing for the CourtLEHAN; SCHEB, A.C.J., and RYDER
Citation497 So.2d 1338,11 Fla. L. Weekly 2500
Parties11 Fla. L. Weekly 2500 John S. TSAVARIS, Appellant, v. NCNB NATIONAL BANK OF FLORIDA and Neofytos Theodore Tsangaris, as Co-Personal Representatives of the Estate of John E. Tsavaris, Deceased, Appellees.
Decision Date26 November 1986
Docket NumberNo. 86-417

Page 1338

497 So.2d 1338
11 Fla. L. Weekly 2500
John S. TSAVARIS, Appellant,
v.
NCNB NATIONAL BANK OF FLORIDA and Neofytos Theodore Tsangaris, as Co-Personal Representatives of the Estate of John E. Tsavaris, Deceased, Appellees.
No. 86-417.
District Court of Appeal of Florida,
Second District.
Nov. 26, 1986.

Anthony P. Granese, Clearwater, for appellant.

Douglas J. Titus, Steven L. Brannock, and Jan W. Keesecker of Holland & Knight, Tampa, for appellees.

LEHAN, Judge.

Defendant appeals from a final judgment establishing his liability for the full face amount of a promissory note which he signed. We affirm and write only to specifically address the argument of appellant that the decision of the trial court was "against the manifest weight of the evidence," an argument which is made with some frequency in this court with seeming lack of recognition of precepts set out in Tibbs v. State, 397 So.2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982), which are quoted below. An appellate court is not entitled to reverse simply on the basis that a decision of the trier of fact is against the weight of the evidence.

As a general proposition, an appellate court should not retry a case or reweigh conflicting evidence submitted to a jury

Page 1339

or other trier of fact. Rather, the concern on appeal must be whether, after all conflicts in the evidence and all reasonable inferences therefrom have been resolved in favor of the verdict on appeal, there is substantial, competent evidence to support the verdict and judgment. Legal sufficiency alone, as opposed to evidentiary weight, is the appropriate concern of an appellate tribunal.

397 So.2d at 1123.

The weight and the sufficiency of evidence are, in theory, two distinct concepts most often relevant at the trial court level. Sufficiency is a test of adequacy. Sufficient evidence is "such evidence, in character, weight, or amount, as will legally justify the judicial or official action demanded." ... Weight, at least in theory, is a somewhat more subjective concept. The "weight of the evidence" is the "balance or preponderance of evidence."

Id.

[T]he district court's third category of appellate reversals--where the evidence is technically sufficient but its weight is so tenuous or insubstantial as to require a new trial in the interests of justice--has a questionable historical foundation. The cases relied on by the district court, though confusing and ambiguous in...

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36 practice notes
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...(quoting S.T. v. Dep't of Children & Family Servs., 87 So. 3d 827, 833 (Fla. 2d DCA 2012) )); Tsavaris v. NCNB Nat'l Bank of Fla., 497 So. 2d 1338, 1339 (Fla. 2d DCA 1986) (equating legal sufficiency to competent substantial evidence (quoting Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981......
  • Thompson v. State, No. 88-02910
    • United States
    • Court of Appeal of Florida (US)
    • November 8, 1989
    ...State, 397 So.2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Tsavaris v. NCNB National Bank of Florida, 497 So.2d 1338 (Fla. 2d DCA 1986), it is also axiomatic that the state "has the burden of proving guilt beyond a reasonable doubt, which includes [when def......
  • Chaskes v. Gutierrez, Nos. 3D11–3127
    • United States
    • Court of Appeal of Florida (US)
    • July 12, 2013
    ...to exceed the maximum limit of a reasonable range within which the jury may properly operate.”); Tsavaris v. NCNB Nat'l. Bank of Fla., 497 So.2d 1338, 1338 (Fla. 2d DCA 1986) (“An appellate court is not entitled to reverse simply on the basis that a decision of the trier of fact is against ......
  • Chaskes v. Gutierrez, No. 3D11-3127
    • United States
    • Court of Appeal of Florida (US)
    • May 15, 2013
    ...to exceed the maximum limit of a reasonable range within which the jury may properly operate."); Tsavaris v. NCNB Nat'l Bank of Fla., 497 So. 2d 1338, 1338 (Fla. 2d DCA 1986) ("An appellate court is not entitled to reverse simply on the basis that a decision of the trier of fact is against ......
  • Request a trial to view additional results
36 cases
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...(quoting S.T. v. Dep't of Children & Family Servs., 87 So. 3d 827, 833 (Fla. 2d DCA 2012) )); Tsavaris v. NCNB Nat'l Bank of Fla., 497 So. 2d 1338, 1339 (Fla. 2d DCA 1986) (equating legal sufficiency to competent substantial evidence (quoting Tibbs v. State, 397 So. 2d 1120, 1123 (Fla. 1981......
  • Thompson v. State, No. 88-02910
    • United States
    • Court of Appeal of Florida (US)
    • November 8, 1989
    ...State, 397 So.2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); Tsavaris v. NCNB National Bank of Florida, 497 So.2d 1338 (Fla. 2d DCA 1986), it is also axiomatic that the state "has the burden of proving guilt beyond a reasonable doubt, which includes [when def......
  • Chaskes v. Gutierrez, Nos. 3D11–3127
    • United States
    • Court of Appeal of Florida (US)
    • July 12, 2013
    ...to exceed the maximum limit of a reasonable range within which the jury may properly operate.”); Tsavaris v. NCNB Nat'l. Bank of Fla., 497 So.2d 1338, 1338 (Fla. 2d DCA 1986) (“An appellate court is not entitled to reverse simply on the basis that a decision of the trier of fact is against ......
  • Chaskes v. Gutierrez, No. 3D11-3127
    • United States
    • Court of Appeal of Florida (US)
    • May 15, 2013
    ...to exceed the maximum limit of a reasonable range within which the jury may properly operate."); Tsavaris v. NCNB Nat'l Bank of Fla., 497 So. 2d 1338, 1338 (Fla. 2d DCA 1986) ("An appellate court is not entitled to reverse simply on the basis that a decision of the trier of fact is against ......
  • Request a trial to view additional results

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