Gerald B. Shaw v. Jean A. Shaw

This is a petition for writ of certiorari to review a decision of the Third District Court of Appeal reported at 314 So.2d 205, which is asserted to be in conflict with Westerman v. Shells City, Inc., 265 So.2d 43 (Fla.1972), as well as similar cases which announce the proposition that an appellate court may not substitute its judgment for that of the trial court by re-evaluating the evidence in the cause. Jurisdiction vests in this Court pursuant to Article V, Section 3(b)(3), Florida Constitution.