Fla. E. Coast Railway Co. v. Beaver St Fisheries, Inc.

537 So. 2d 1065, 1989 WL 2070
CourtDistrict Court of Appeal of Florida
DecidedJanuary 18, 1989
Docket88-246
StatusPublished
Cited by12 cases

This text of 537 So. 2d 1065 (Fla. E. Coast Railway Co. v. Beaver St Fisheries, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fla. E. Coast Railway Co. v. Beaver St Fisheries, Inc., 537 So. 2d 1065, 1989 WL 2070 (Fla. Ct. App. 1989).

Opinion

537 So.2d 1065 (1989)

FLORIDA EAST COAST RAILWAY COMPANY, Appellant,
v.
BEAVER STREET FISHERIES, INC., et al., Appellees.

No. 88-246.

District Court of Appeal of Florida, First District.

January 18, 1989.

*1066 Lawrence J. Roberts, of Kroll & Tract, P.A., Miami, for appellant.

John B. Culp, Jr., P.A., Jacksonville, for appellees.

Gary A. Bubb, of Toole, Bubb & Beale, P.A., Jacksonville, amicus curiae, for Bermuda Atlantic Lines, Ltd.

JOANOS, Judge.

Florida East Coast Railway Company (FEC) appeals a final judgment following a bench trial holding it liable for all costs associated with damage to two containers of food consigned to Club Med in the British West Indies. The issues for our review are: (1) whether the trial court erred in awarding Beaver Street Fisheries, Inc. (BSF) all costs associated with an emergency reshipment of goods by chartered aircraft, together with ocean freight charges for the carriage of the containers beyond the destination shown on FEC's bills of lading; (2) whether the trial court erred in finding that Bermuda Atlantic Lines, Ltd. (BAL) did not breach its duty of due care under its ocean bill of lading; and (3) whether the trial court erred in finding that FEC had altered the voyage temperature setting on the two food containers. We affirm in part, and reverse in part.

The two containers which form the subject of this appeal were loaded in Jacksonville, Florida, on July 31, 1985, for transport by FEC to Fort Lauderdale, Florida. Container 336 was loaded by BSF employees with frozen meats and other frozen food products. The container was then closed and sealed, and the temperature gauge was set at zero degrees Fahrenheit. Container 336 left Jacksonville on July 31, 1985, at 5:30 p.m. by FEC train 5/97 on flatcar DTI 90126, and arrived in Fort Lauderdale on August 1, 1985, at 2:45 a.m. At approximately 11:25 a.m., on August 1, 1985, container 336 was picked up by Port Denison, Inc., agent for BAL. Port Denison's facility is located in Dania, some seven miles from FEC's Fort Lauderdale rail yard.

Container 337 was loaded by Movsovitz & Sons, Inc., a supplier for BSF, with produce and other perishable food items. Employees of both BSF and Movsovitz supervised the packing of the container, and both BSF and Movsovitz employees checked the temperature setting of the container before it left the Movsovitz premises. A Partlow temperature recording device was placed inside the container on top of the shipment. The container was set and operating at thirty-eight degrees Fahrenheit when it left the Movsovitz premises at 6:17 p.m. on July 31, 1985. Container 337 left Jacksonville on July 31, 1985, at 9:45 p.m., by FEC train TTWX 973222, and arrived in Fort Lauderdale on August 1, 1985, at 9:00 a.m. Port Denison employees picked up container 337 from FEC's Fort Lauderdale rail yard at noon on August 1, 1985. When the container left FEC custody, the original shipper's seal was intact.

The August 1, 1985, Port Denison refrigeration temperature logs showed that container 336 (which contained frozen meats) was set at thirty-eight degrees Fahrenheit, and container 337 (which contained produce) was set at zero degrees Fahrenheit. Container 337 was opened on August 1, 1985, by Port Denison employees, so that sixteen cartons of yogurt could be added. *1067 On August 2, 1985, container 337 was opened a second time to add four crates of spinach.

Containers 336 and 337 remained in the Port Denison storage from August 1 through 6, 1985. On August 6, 1985, the containers were placed on the BAL barge MOBRO 1207, for ocean carriage to Providenciales, British West Indies. The containers arrived in Providenciales on August 10, 1985, and were delivered to the consignee Club Med, sometime between 3:00 a.m. and 8:00 a.m. on August 10, 1985. When the containers were opened, they revealed that the frozen meat in container 336 had thawed and deteriorated, and the produce in container 337 had frozen solid. The containers were resealed, the temperatures were set at zero degrees, and they were returned to Port Denison on a BAL vessel.

On August 16, 1985, the containers arrived at Port Denison in Dania, where they were opened and examined in the presence of representatives from FEC, BSF, and BAL. After a determination that the cargo had no salvage value, it was dumped. During the joint survey or examination, the Partlow temperature recording device was retrieved from container 337. The tape removed from the device indicated the temperature in container 337 remained fairly steady at thirty-five to thirty-two degrees from the time it was started on July 31, 1985, until approximately 3:00 a.m. on August 1, 1985, when it began to fall, reaching fourteen degrees Fahrenheit at approximately 6:00 a.m. on August 1, 1985. At that point, the temperature began to rise, until it reached thirty-seven to thirty-eight degrees Fahrenheit some time prior to 7:00 a.m., on August 1, 1985. Thereafter, the temperature fell to four degrees Fahrenheit, where it remained for the balance of its sixteen-day operation, except for periodic fluctuations.

In the final judgment, BSF was awarded the sum of $68,871.90, together with prejudgment interest of $18,780.00, for a total of $87,651.90. While the judgment does not set forth findings of fact from which we might ascertain the precise elements of damages encompassed by the award, our examination of the record leads us to conclude that the amount assessed against FEC contemplates the replacement cost of the damaged shipment, the ocean freight charges, and the cost of the replacement shipment by jet charter.

As a preliminary matter, we note the well settled principle that a trial court's findings of fact come to an appellate court clothed with a presumption of correctness, and will not be disturbed unless clearly erroneous or without any support in the record. Shaw v. Shaw, 334 So.2d 13 (Fla. 1976); Oceanic International Corp. v. Lantana Boatyard, 402 So.2d 507 (Fla. 4th DCA 1981). A decision will be found to be "clearly erroneous" only if the appellate court determines that (1) there is an absence of substantial evidence to support the trial court's express or inferential finding, (2) a finding is clearly against the weight of the evidence, or (3) the trial court misapplied the law to the established facts. Holland v. Gross, 89 So.2d 255, 258 (Fla. 1956). See also Randy International, Ltd. v. American Excess Corp., 501 So.2d 667, 670 (Fla. 3d DCA 1987); Zinger v. Gattis, 382 So.2d 379 (Fla. 5th DCA 1980). In other words, the test is whether the trial court's judgment is supported by competent substantial evidence. Shaw v. Shaw, supra.

Although a trial court is not required to set forth findings of fact or a rationale for its decision, "fairness to litigants and appellate courts make this desirable." Surratt v. Fleming, 309 So.2d 614, 615 (Fla. 1st DCA 1975), cert. denied, 336 So.2d 600 (Fla. 1976). In the absence of express findings of fact, an appellate court sometimes will attempt to interpolate missing findings so as to reconcile the judgment with the evidence. Should it prove impossible to do so, the court may relinquish jurisdiction and remand with directions to the trial court to enter an order nunc pro tunc setting forth the facts or grounds relied upon for the decision. Surratt v. Fleming, 309 So.2d at 615.

The counter to the foregoing legal principles is the rule that the trial court's theories or reasoning are not controlling on the *1068 appellate court.

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Cite This Page — Counsel Stack

Bluebook (online)
537 So. 2d 1065, 1989 WL 2070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fla-e-coast-railway-co-v-beaver-st-fisheries-inc-fladistctapp-1989.