Sarasota Ice, Fish & Power Co. v. Lyle & Co.

Citations

• 58 Fla. 517

Syllabus

<p>1. While the findings and conclusions of a chancellor, where the testimony is not taken before him, but before a master or examiner, by reason whereof he is not afforded an opportunity of seeing and hearing the witness, are not entitled to the same weight as the verdict of a jury, yet even in that case they should not be disturbed by an appellate court, unless they are clearly shown to be erroneous.</p> <p>2. In equity, as well as at law, every.presumption is in favor of the correctness of the ruling of the trial judge, and a final decree rendered by him based largely or solely upon questions of fact will not be reversed, unless the evidence clearly shows that it was erroneous.</p> <p>3. Where a final decree is reversed upon appeal because the trial court had never acquired jurisdiction of the person of one of the appellants, who is a necessary party, and upon ,such case being remanded, such party voluntarily comes in and files an answer whereby he virtually admits the allegations .of the bill in so far as they concerned him, and such cause is referred to the same master to take the testimony therein to whom it had previously been referred, and the complainant files a motion, reciting therein such above stated facts and alleging that the issues had not been changed and that it would be a great saving of time and expense to use such testimony so previously taken, whereby an order is sought directing such master to mark and file all the testimony previously taken by him, “including all exhibits, depositions, oral testimony taken and reduced to writing by him,” and that he report the ■same, without delay, to the court for further consideration, no error is committed by the trial court in granting such motion, due notice of the time and place of the hearing thereof having been given to the defendants, who are not shown to have interposed any objections or offered any opposition thereto, but who subsequently sought and obtained an order allowing them additional time t