Monte Carlo Development & Management Corp. v. Montgomery

A district court of appeal will not disturb a determination of a trial judge sitting as trier of fact where there is substantial competent evidence in support of the judge’s determination. Damiano v. Weinstein, 355 So.2d 819 (Fla. 3d DCA 1978).

The majority conceives a final judgment based upon a defense that the defendant corporation ceased operating a golf course which was never pled, and not mentioned by the defendant at the commencement of the trial, but that surfaced for the first time in brief testimony from the defendant’s witnesses and was briefly argued by defendant’s counsel in…