# Sapp v. Hillsborough County

> District Court of Appeal of Florida · April 28, 1972 · 262 So. 2d 256

URL: https://www.frixlaw.com/law-library/cases/7449109

## Case

- **Full name:** Bobby Leon SAPP v. HILLSBOROUGH COUNTY, a political subdivision of the State of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** April 28, 1972
- **Citations:** 262 So. 2d 256; 1972 Fla. App. LEXIS 6739
- **Precedential status:** Published
- **Opinion:** Dissent by McNulty
- **Judges:** Hobson, McNulty, Pierce
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7449109

## Opinion text

McNULTY, Judge
(dissenting).
While we may not have come to the same conclusion as the trial judge if we were sitting in his stead, I am of the view that nevertheless there was sufficient evidence before him to support his conclusions. This no longer appears to be a matter of discretion, therefore, but rather one of a factual determination within his province as trier of the facts; any discretion involved, indeed, is vested in the condemner and the trial judge’s function is merely to determine whether as a fact the condemner’s discretion was abused. In finding in the negative I cannot see how the trial judge committed reversible error.
Accordingly, I would affirm the order appealed from.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7449109. Public record. Not legal advice.