Cox v. O'Neal

FERGUSON, Judge.

In the first appeal of this case, reported at 364 So.2d 528 (Fla.3d DCA 1978), the court framed the issue as “whether, in light of the trust agreement, appellee (O’Neal) was to share solely in the profits of the joint venture or be susceptible to losses incurred by the venture, as well.” In resolving the dispute this court looked only to the trial court’s finding of fact that O’Neal was not a general partner subject to any losses or liabilities resulting from the venture and found competent and substantial evidence to support that fact.

Following that opinion, appellants…