Lazenby v. Chas. P. Irwin Yacht Brokerage, Inc.

District Court of Appeal of Florida

Lazenby v. Chas. P. Irwin Yacht Brokerage, Inc.

423 So. 2d 412, 1982 Fla. App. LEXIS 22328

CourtDistrict Court of Appeal of Florida

DecidedNovember 17, 1982

DocketNo. 82-149

StatusPublished

This text of 423 So. 2d 412 (Lazenby v. Chas. P. Irwin Yacht Brokerage, 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

Lazenby v. Chas. P. Irwin Yacht Brokerage, Inc., 423 So. 2d 412, 1982 Fla. App. LEXIS 22328 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

Appellant, plaintiff in the trial court, sued appellee, an escrow holder, for the return of monies which appellee held as a deposit toward the purchase of a yacht. The trial court, without making findings of fact, entered final judgment in favor of the appellee. This appeal ensued.

Applying the presumption of correctness which attaches to the judgment of a trial court,¹ we conclude that the record contains competent substantial evidence to support an implied finding that the seller and purchaser of the yacht orally agreed that the monies on deposit with the escrow holder would constitute liquidated damages in the event of a default by the purchaser. Inasmuch as the record also unequivocally demonstrates a default by the purchaser/appellant, the judgment on appeal is

AFFIRMED.

ANSTEAD, BERANEK and HURLEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, plaintiff in the trial court, sued appellee, an escrow holder, for the return of monies which appellee held as a deposit toward the purchase of a yacht. The trial court, without making findings of fact, entered final judgment in favor of the appellee. This appeal ensued.

Applying the presumption of correctness which attaches to the judgment of a trial court,¹ we conclude that the record contains competent substantial evidence to support an implied finding that the seller and purchaser of the yacht orally agreed that the monies on deposit with the escrow holder would constitute liquidated damages in the event of a default by the purchaser. Inasmuch as the record also unequivocally demonstrates a default by the purchaser/appellant, the judgment on appeal is

AFFIRMED.

ANSTEAD, BERANEK and HURLEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

423 So. 2d 412, 1982 Fla. App. LEXIS 22328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lazenby-v-chas-p-irwin-yacht-brokerage-inc-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack