Golden Hills Turf & Country Club, Inc. v. Buchanan

A writ of certiorari was granted in this cause to resolve a conflict between the opinion of the District Court of Appeal below, reported at 257 So.2d 54 (1st D.C.A., Fla. 1972) and Greenwood v. Oates, 251 So.2d 665 (Fla.1971). Article V, Section 4(2), Florida Constitution, F.S.A.

The facts are adequately set forth in the District Court’s opinion. We focus here only on the language giving rise to conflict. The District Court said, in part:

“We are aware that an appellate court should be very careful before it substitutes its judgment for that of the trial court on the questions of fact,…