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Nixon Construction Company v. Dover

District Court of Appeal of Florida, First District
Feb 6, 1969
218 So. 2d 458 (Fla. Dist. Ct. App. 1969)

Opinion

No. K-324.

February 6, 1969.

Appeal from the Circuit Court for Duval County, Claude Ogilvie, J.

Robert B. Laseter, Jr., of Marks, Gray, Yates, Conroy Gibbs, Jacksonville, for appellants.

Homer H. Humphries, Jr., Jacksonville, for appellee.


Appellants seek review of an adverse final judgment rendered in favor of appellee. 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 reached 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.


Summaries of

Nixon Construction Company v. Dover

District Court of Appeal of Florida, First District
Feb 6, 1969
218 So. 2d 458 (Fla. Dist. Ct. App. 1969)
Case details for

Nixon Construction Company v. Dover

Case Details

Full title:NIXON CONSTRUCTION COMPANY, INC., A CORPORATION, AND D.H. OVERMYER CO.…

Court:District Court of Appeal of Florida, First District

Date published: Feb 6, 1969

Citations

218 So. 2d 458 (Fla. Dist. Ct. App. 1969)

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