Opinion
No. 71-764.
May 23, 1972.
Appeal from the Circuit Court, Dade County, Harold R. Vann, J.
John A. Murray, Miami, for appellant.
Cushman Cushman, Miami, for appellee.
Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.
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.
The 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.