Florida District Courts of Appeal, 1972

Marks v. Insurance Service Bureau, Inc.

Florida District Courts of Appeal · Decided May 23, 1972 · Barkdull, Hendry, Pearson

262 So. 2d 450; 1972 Fla. App. LEXIS 6754 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Mitchell v. Morse Operations, Inc. (Fla. Dist. Ct. App. 1973)
Agrella v. State (Fla. Dist. Ct. App. 1979)
Wilson v. Sirkin Building Corp. (Fla. Dist. Ct. App. 1976)
Tomorrow's Choice, Inc. v. Poston Bridge & Iron, Inc. (Fla. Dist. Ct. App. 1975)
State v. Wells (Fla. Dist. Ct. App. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from a final judgment entered against defendant on plaintiff’s complaint and against defendant on his counterclaim.

The action arose out of a dispute as to which one of the parties was entitled to damages for breach of a contract for the sale of plaintiff’s insurance business to defendant.

The issues were fully tried by the judge in a non-jury trial and resulted in a judgment for plaintiff in the amount of $5,647.-60 plus $2,190.61 as interest, and attorney’s fee of $1,500.00.

*451The judgment rendered in a non-jury trial is presumed correct and the trial judge’s findings have the quality of a jury verdict. Bardee Corp. v. Arnold Altex Aluminum Co., Fla.App.1961, 134 So.2d 268. Upon appeal it comes to this court clothed with a presumption of correctness, and the burden rests upon the appellant to make error clearly appear. Hall v. Hall, Fla.App.1961, 135 So.2d 432; Gars v. Woodward, Fla.App.1968, 214 So.2d 385.

No reversible error having been made to appear, the judgment appealed is affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.