Gulf Coast Docks, Inc. v. Simon
Gulf Coast Docks, Inc. v. Simon
Opinion of the Court
The appellee, as plaintiff, filed his complaint in equity against the appellant, as defendant, seeking to reform a contract for the construction of a seawall and seeking damages for defendant’s failure to complete
The parties stipulated that S. Henry Harris, Esquire, be appointed as special master, with power to make findings of fact and rulings of law and an order was entered accordingly.
The record contains substantial competent evidence supporting the master’s findings. In the case of Aldred v. Romano et al., Fla. 1952, 58 So.2d 436, 438, the court said:
“We emphasize selection of the mas- . ter by counsel who stipulated that he be empowered to make findings of law and fact. The court honored the stipulation by formal order. We need not elaborate on the weight that should be given his findings for we have already done that in Harmon v. Harmon, Fla., 40 So. 2d 209, and Florida National Bank & Trust Co. of Miami v. Brown, Fla., 47 So.2d 748. In few words, the report of the master came to the chancellor bearing the dignity of a verdict of a jury, not to be disturbed unless shown to be clearly erroneous.”
The master’s findings have not been shown to be clearly erroneous. See Calhoun v. Abstract Company of Sarasota et al., Fla. 1950, 44 So.2d 83, and English v. Smith,. Fla.App.1957, 97 So.2d 339.
The decree appealed from is, accordingly, affirmed.
Reference
- Full Case Name
- GULF COAST DOCKS, INC. v. Sinet Maurice SIMON
- Cited By
- 3 cases
- Status
- Published