Legal Opinion · Dissent

Bal Harbour Club, Inc. v. Dade County

District Court of Appeal of Florida

Decided May 13, 1969No. 68-607Published

1DissentPearson, Judge

It seems to me that the question involved on this appeal is whether there is competent substantial evidence to support the finding of the trial judge. In re Thompson’s Estate, Fla.1955, 84 So.2d 911; Reserve Insurance Co. v. Earle W. Day & Co., Fla.App.1968, 209 So.2d 709. An *431appellate court does not ordinarily weigh the evidence and determine its creditability. Citizens Ins. Co. of New Jersey v. Harris, Fla.1949, 40 So.2d 775. Therefore the majority must have proceeded upon a conclusion that the evidence before the trial judge was so speculative as not to afford a basis for his finding. I…

2Cases cited4 opinions

  1. Williams v. SimpsonDistrict Court of Appeal of Florida · 1968
  2. Childs v. SquarciaSupreme Court of Florida · 1955
  3. Reserve Insurance Co. v. Earle W. Day & Co.District Court of Appeal of Florida · 1968
  4. Citizens Ins. Co. of New Jersey v. HarrisSupreme Court of Florida · 1949

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