Rollins v. Phillips

Lois ROLLINS v. Earl PHILLIPS

Rollins v. Phillips, 444 So. 2d 1160 (Fla. Dist. Ct. App. 1984)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: February 14, 1984
Docket: No. 83-195
Judges: Barkdull, Hendry, Pearson
Citations: 444 So. 2d 11601984 Fla. App. LEXIS 11826

Cited by 3 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Appellant seeks review of a final judgment entered against her on her counterclaim against appellee in which she sought to set aside a warranty deed to her home given by her to the appellee, on the grounds of fraud and lack of consideration.

The trial court ruled that appellant’s counterclaim was without merit and not based upon competent and substantial evidence. We agree and affirm.

We have carefully considered all points on appeal in the light of the record, briefs and arguments of counsel and have concluded that no reversible error has been shown. All of the points raised by the appellant are dependent upon issues of fact resolved adversely to her by the trial judge.

It is a well settled rule that where evidence is heard by the trier of fact and the witnesses are before him, his findings based upon conflicting evidence should not be disturbed by an appellate court, if the record contains substantial competent evidence to sustain the judgment. Hull v. Miami Shores Village, 435 So.2d 868 (Fla. 3d DCA 1983); Golden v. Golden, 434 So.2d 978 (Fla. 3d DCA 1983); Mann v. Price, 434 So.2d 943 (Fla. 2d DCA 1983); S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So.2d 940 (Fla. 3d DCA 1982).

Although we find much of the evidence in this case to be conflicting, it is our view that the record contains ample evidence to sustain the judgment appealed.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(although much of evidence is conflicting, record contained sufficient evidence to sustain judgment)

Patria Publications, Inc. v. Armesto, 593 So. 2d 574 (Fla. Dist. Ct. App. 1992)

Cited by 3 cases

View all citing references →

State Appellate Courts3

Relies on it most ⓘ

Banderas v. Banco Cent. Del Ecuador461 So. 2d 265 (Fla. Dist. Ct. App. 1985)
Peacock v. Farmers and Merchants Bank454 So. 2d 730 (Fla. Dist. Ct. App. 1984)
Patria Publications, Inc. v. Armesto593 So. 2d 574 (Fla. Dist. Ct. App. 1992)

Most recent

Patria Publications, Inc. v. Armesto593 So. 2d 574 (Fla. Dist. Ct. App. 1992)
Banderas v. Banco Cent. Del Ecuador461 So. 2d 265 (Fla. Dist. Ct. App. 1985)
Peacock v. Farmers and Merchants Bank454 So. 2d 730 (Fla. Dist. Ct. App. 1984)

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 4

Depth	Case	Cited by
	Hull v. Miami Shores Vill., 435 So. 2d 868 (Fla. Dist. Ct. App. 1983)	16
	Golden v. Golden, 434 So. 2d 978 (Fla. Dist. Ct. App. 1983)	13
	S. Kornreich & Sons v. Titan Agencies, Inc., 423 So. 2d 940 (Fla. Dist. Ct. App. 1982)	11
	Mann v. Price, 434 So. 2d 943 (Fla. Dist. Ct. App. 1983)	5

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