Nixon Construction Co. v. Dover

District Court of Appeal of Florida

Nixon Construction Co. v. Dover

218 So. 2d 458, 1969 Fla. App. LEXIS 6256

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1969

DocketNo. K-324

StatusPublished

Cited by3 cases

This text of 218 So. 2d 458 (Nixon Construction Co. v. Dover) 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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Nixon Construction Co. v. Dover, 218 So. 2d 458, 1969 Fla. App. LEXIS 6256 (Fla. Ct. App. 1969).

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Opinion

PER CURIAM.

Appellants seek review of an adverse final judgment rendered in favor of appel-lee. The principal question preserved on appeal is the sufficiency of the evidence to support the judgment.

In our review of the record we have given due consideration to the applicable appellate principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Our review of the record reveals that although the testimony is conflicting, there is substantial evidence to support the jury’s verdict and judgment thereon. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or that the evidence demonstrates that the conclusions [459]*459reached are erroneous. The other issues raised by appellants have been considered and are likewise considered not to be the basis for reversal.

The judgment appealed is accordingly affirmed.

WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.

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PER CURIAM.

Appellants seek review of an adverse final judgment rendered in favor of appel-lee. The principal question preserved on appeal is the sufficiency of the evidence to support the judgment.

In our review of the record we have given due consideration to the applicable appellate principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. Our review of the record reveals that although the testimony is conflicting, there is substantial evidence to support the jury’s verdict and judgment thereon. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or that the evidence demonstrates that the conclusions [459]*459reached are erroneous. The other issues raised by appellants have been considered and are likewise considered not to be the basis for reversal.

The judgment appealed is accordingly affirmed.

WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.

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218 So. 2d 458, 1969 Fla. App. LEXIS 6256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-construction-co-v-dover-fladistctapp-1969.

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