145 So. 2d 543 | Fla. Dist. Ct. App. | 1962
This appeal is brought from a final summary judgment dismissing the cause, entered in an action wherein the appellant was attempting to impose a constructive trust against certain monies in the hands of the appellee, L. M. Mershon, as assets of the appellee, Twin City Transit Company.
The appellant, by her complaint, sought collection of a money judgment [obtained in a prior proceeding against the appellee, Twin City Transit Company] against L. M. Mershon, as the personal representative of the late Thurman A. Whiteside, upon two theories: first, a creditor’s bill and, second, a preferential transfer of corporate assets of Twin City Transit Company to White-side while he was an officer of said corporation and it was insolvent, contrary to the provisions of § 608.55, Fla.Stat., F.S.A. Following discovery proceedings, both parties moved for a summary judgment and entered into a stipulated set of facts, and upon the record then before the chancellor he entered the summary final decree here under consideration.
The only point preserved for appellate review is the applicability of the provi
On appeal, every presumption favors the correctness of the decree of the lower court, and the burden is upon the appellant to show that it is erroneous. Meadows Southern Construction Company v. Pczzaniti, Fla.App.1959, 108 So.2d 499; Walton v. City of Clermont, Fla.App.1959, 109 So.2d 403. In reviewing the record on appeal in the instant case and considering the contentions of the appellant, we find the appellant has failed to meet that burden. Therefore, as the appellant has failed to clearly demonstrate error, we cannot disturb the judgment of the lower court. Carolina Lumber Co. v. Daniel, Fla.App.1957, 97 So.2d 156; First National Bank & Trust Co. of Eustis v. Boyd, Fla.App.1960, 124 So.2d 27.
Affirmed.