Walker v. Connolly, U--134
| Decision Date | 23 July 1974 |
| Docket Number | No. U--134,U--134 |
| Parties | Marjorie WALKER, Appellant, v. John CONNOLLY, Sr., et al., Appellees. |
| Court | Florida District Court of Appeals |
C. Vlaentine Bates, of Jones, Bates & DeCarlis, Gainesville, for appellant.
Joseph E. Smith, of Beauchamp & Smith, Bronson, for appellees.
Appellant herein seeks reversal of a final judgment in favor of plaintiffs-appellees in their suit for specific performance of a contract for the sale of real property.
The findings of fact made by a court sitting as a trier of both law and facts are entitled to the same weight as the verdict of a jury and should not be disturbed unless clearly unsupported by the evidence. We have heard oral argument in this cause and have carefully examined the record on appeal and the briefs submitted by the parties. Upon our consideration thereof, we conclude that the evidence clearly supports the findings of the trial judge and the judgment for specific performance rendered thereon.
In particular, we agree with and quote with approval the following findings of fact:
Appellant having failed to demonstrate error in the above-quoted findings of fact, the judgment for specific performance is accordingly affirmed.
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...reflects the findings or conclusions reached were erroneous. Cf.: Beavers v. Conner, 289 So.2d 462 (Fla.3rd DCA 1974); Walker v. Connolly, 299 So.2d 67 (Fla.1st DCA 1974). It is necessary for Heard to show, since her action is based upon a statute, that the conduct complained of comes withi......
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