TaiLexi AI U.S. Case Law

Calvert Fire Insurance Co. v. Tarr

Calvert Fire Ins. Co. v. Tarr, 391 So. 2d 244 (Fla. Dist. Ct. App. 1980)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
November 25, 1980
Docket
No. 80-638
Judges
Hubbart, C.J., and Barkdull and Hendry
Citations
391 So. 2d 2441980 Fla. App. LEXIS 18218
Cited by 8 2 descriptions by later courts

Opinion

391 So.2d 244 (1980)

CALVERT FIRE INSURANCE COMPANY, Appellant,

v.

Stephen H. TARR, Appellee.

No. 80-638.

District Court of Appeal of Florida, Third District.

November 25, 1980. Rehearing Denied January 7, 1981.

McDonald & McDonald, Miami, for appellant.

Stephen H. Tarr, in pro. per.

Before HUBBART, C.J., and BARKDULL and HENDRY, JJ.

PER CURIAM.

Appellant, insurer of appellee's aircraft, seeks reversal of a judgment in the amount of $11,002.72 entered in favor of appellee pursuant to a non-jury trial. The judgment resulted from an action in the Circuit Court for Dade County by appellee against appellant on an "all risk" policy of insurance covering appellee's aircraft.

It is appellant's contention that the trial court erred in entering judgment for appellee because the loss did not occur under the terms of the policy of insurance and that the damage was due to deterioration which was not covered under the policy.

*245 In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The facts herein constituted a question for the trial judge sitting as a trier of the facts and were resolved adversely to the appellant. The record reveals that although the testimony is conflicting there is substantial evidence to support the judgment. Appellate courts must give effect to the findings of a trier of facts, if they rest on substantial, competent evidence and their legal effect was not misinterpreted by such trier of facts. First Atlantic National Bank v. Cobbett, 82 So.2d 870 (Fla. 1955). No reversible error having been demonstrated, the judgment appealed is affirmed.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 8 cases

View all citing references →
1981: 11983: 11986: 11989: 11990: 11993: 12002: 12026: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. Neimark v. Abramson403 So. 2d 1057 (Fla. Dist. Ct. App. 1981)
  2. Traveler's Indem. v. Duffy's Tavern541 So. 2d 689 (Fla. Dist. Ct. App. 1989)
  3. West American Ins. v. Chateau La Mer II622 So. 2d 1105 (Fla. Dist. Ct. App. 1993)
  4. Mocegui v. Public Service Mut. Ins. Co.821 So. 2d 1189 (Fla. Dist. Ct. App. 2002)
  5. Ratner v. Bernabo495 So. 2d 839 (Fla. Dist. Ct. App. 1986)
  6. Mistretta v. Mistretta566 So. 2d 836 (Fla. Dist. Ct. App. 1990)

Most recent

  1. Generali-U.S. Branch v. Barry Springel and Wendy SpringelNo. 4D2025-1824 (Fla. Dist. Ct. App. Aug. 19, 2026)
  2. Mocegui v. Public Service Mut. Ins. Co.821 So. 2d 1189 (Fla. Dist. Ct. App. 2002)
  3. West American Ins. v. Chateau La Mer II622 So. 2d 1105 (Fla. Dist. Ct. App. 1993)
  4. Mistretta v. Mistretta566 So. 2d 836 (Fla. Dist. Ct. App. 1990)
  5. Traveler's Indem. v. Duffy's Tavern541 So. 2d 689 (Fla. Dist. Ct. App. 1989)
  6. Ratner v. Bernabo495 So. 2d 839 (Fla. Dist. Ct. App. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
First Atl. Nat'l Bank v. Cobbett, 82 So. 2d 870 (Fla. 1955) 38
United Five, Inc. v. M.V.R.T., Inc., 391 So. 2d 244 (Fla. Dist. Ct. App. 1980) 1

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list