¶1dissenting.
¶2As reflected in the majority opinion, conflicting evidence was presented at trial concerning whether defendant’s property had, at any time in the past, been developed. “The ‘any evidence’ rule applies in cases where the trial judge acts as the fact finder, and his judgment will not be disturbed if there is any evidence in the record to sustain it.” Harrison v. Harrison, 159 Ga. App. 578, 578-579 (284 SE2d 83) (1981); accord Barrell v. Gibson, 153 Ga. App. 621 (266 SE2d 308) (1980). Where evidence exists to support the verdict, it will not be disturbed unless clearly erroneous. Mullins v. Oden & Sims Used Cars, 148 Ga. App. 250 (251 SE2d 65) (1978); Evans v. Marbut, 140 Ga. App. 329 (231 SE2d 94) (1976). The verdict here, which was supported by testimony, was not clearly erroneous. The probate court judge in this case heard the testimony, was in a position to judge the credibility of the witnesses and was presented with demonstrative evidence in the form of photographs of the land in question which do not appear in the record on appeal. The trial court was in a better position to rule upon conflicting evidence than is this court and thus the verdict should not be disturbed.