Legal Opinion

Wong v. New Prospect Enterprises, Inc.

District Court of Appeal of Florida

Decided May 15, 1986No. 85-803PublishedCited by 3 opinions

1Opinion of the Court

ORFINGER, Judge.

We affirm the judgment for the plaintiff in this breach of contract action on the ground that there is substantial, competent evidence, although disputed, to support the verdict of the trial judge following the non-jury trial. It is not the function of the appellate court to re-evaluate the evidence and substitute its judgment for that of the fact finder. Helman v. Seaboard Coast Line Railroad Company, 349 So.2d 1187 (Fla.1977). The credibility of witnesses and the weight to be given their testimony is for the trier of fact. Marsh v. Marsh, 419 So.2d 629 (Fla.1982).

Having…

2Cases cited4 opinions

  1. Argonaut Ins. Co. v. May Plumbing Co.Supreme Court of Florida · 1985
  2. Helman v. Seaboard Coast Line R. Co.Supreme Court of Florida · 1977
  3. Marsh v. MarshSupreme Court of Florida · 1982
  4. MORCYL DISTRIBUTING CO. v. FarrellyDistrict Court of Appeal of Florida · 1985

3Cited by3 opinions

  1. Maryland Cas. Co. v. Fla. Produce Distrib.District Court of Appeal of Florida · 1986
  2. Baxter v. StateDistrict Court of Appeal of Florida · 1986
  3. Bloch Equipment Co., Inc. v. NAT'L MED. INDUS. INC.District Court of Appeal of Florida · 1988

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