Jockey Club, Inc. v. Stern

District Court of Appeal of Florida

Jockey Club, Inc. v. Stern

408 So. 2d 854, 1982 Fla. App. LEXIS 19034

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 1982

DocketNo. 80-2344

StatusPublished

Cited by5 cases

This text of 408 So. 2d 854 (Jockey Club, Inc. v. Stern) 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.

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Jockey Club, Inc. v. Stern, 408 So. 2d 854, 1982 Fla. App. LEXIS 19034 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Appellant takes this appeal from an adverse final judgment entered after a non-jury trial. The judgment awarded damages in the amount of $18,565.07, and pre-judgment interest, to appellee Mary L. Stern for commissions earned on sales of advertisements for “The Winner’s Circle” magazine operated by appellant.

We have carefully considered all of the points raised on appeal in light of the applicable principle that a judgment of the trial court reaches us clothed with a presumption [855]*855of correctness. Furthermore, it is within the trial judge’s province, when acting as trier of both fact and law, to determine the weight of the evidence, evaluate conflicting evidence, and determine the credibility of the witnesses, and such determinations may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence, or to constitute an abuse of discretion. Bali, Inc. v. Sherwood’s Commercial Brokers of Daytona Beach, Inc., 326 So.2d 21 (Fla. 1st DCA 1975); Jeffreys v. Simpson, 222 So.2d 224 (Fla. 1st DCA 1969); Federated Department Stores, Inc. v. Planes, 305 So.2d 248 (Fla.3d DCA 1974).

The record reveals that while there was conflicting testimony, there was competent and substantial evidence to support the final judgment entered by the trial court. This court will not substitute its opinion for that of the trial court. Accordingly, the judgment appealed is affirmed.

Affirmed.

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PER CURIAM.

Appellant takes this appeal from an adverse final judgment entered after a non-jury trial. The judgment awarded damages in the amount of $18,565.07, and pre-judgment interest, to appellee Mary L. Stern for commissions earned on sales of advertisements for “The Winner’s Circle” magazine operated by appellant.

We have carefully considered all of the points raised on appeal in light of the applicable principle that a judgment of the trial court reaches us clothed with a presumption [855]*855of correctness. Furthermore, it is within the trial judge’s province, when acting as trier of both fact and law, to determine the weight of the evidence, evaluate conflicting evidence, and determine the credibility of the witnesses, and such determinations may not be disturbed on appeal unless shown to be unsupported by competent and substantial evidence, or to constitute an abuse of discretion. Bali, Inc. v. Sherwood’s Commercial Brokers of Daytona Beach, Inc., 326 So.2d 21 (Fla. 1st DCA 1975); Jeffreys v. Simpson, 222 So.2d 224 (Fla. 1st DCA 1969); Federated Department Stores, Inc. v. Planes, 305 So.2d 248 (Fla.3d DCA 1974).

The record reveals that while there was conflicting testimony, there was competent and substantial evidence to support the final judgment entered by the trial court. This court will not substitute its opinion for that of the trial court. Accordingly, the judgment appealed is affirmed.

Affirmed.

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408 So. 2d 854, 1982 Fla. App. LEXIS 19034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jockey-club-inc-v-stern-fladistctapp-1982.

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