Florida District Courts of Appeal, 1975

Murphy v. Tallahassee Title Co.

Murphy v. Tallahassee Title Co.
Florida District Courts of Appeal · Decided December 2, 1975 · Boyer, Martin, Sack, Smith
322 So. 2d 645; 1975 Fla. App. LEXIS 18846 (Southern Reporter, Second Series)

Murphy v. Tallahassee Title Co.

Opinion of the Court

PER CURIAM.

Upon trial on the merits of this case, the trial court found that the plaintiff had failed to carry her burden of proof in establishing that the defendants excavated their land as to cause a subsidence of the plaintiff’s land in the natural state, and further found that the plaintiff had failed to establish the extent of any damages suffered by her. As trier of the facts, the lower court resolved any conflict in the testimony, and we find that its conclusions are supported by the record.

Accordingly, it is unnecessary to pass upon the merits of the legal positions taken by any of the parties, and we therefore

Affirm.

BOYER, C. J., SMITH, J., and SACK, MARTIN, Associate Judge, concur.

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