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Gutierrez v. Weinstein

District Court of Appeal of Florida, Third District
Mar 2, 1982
409 So. 2d 1110 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-564.

February 2, 1982. Rehearing Denied March 2, 1982.

Appeal from Circuit Court, Dade County; Milton A. Friedman, Judge.

Weinstein Bavly and Arthur J. Morburger, Miami, for appellants.

Preddy, Kutner Hardy and G. William Bissett, Miami, for appellees.

Before HUBBART, C.J., and BARKDULL and BASKIN, JJ.


We affirm the summary judgment entered by the trial court. We note that a court order is entitled to a presumption of correctness. See Phillips v. Phillips, 146 Fla. 311, 1 So.2d 186 (1941). Appellees' reliance upon the judgment was shown by the record to have been the result of a mutual mistake, which was later corrected by the court, and not the result of negligence.

Appellants' remaining points lack merit.

Affirmed.


Summaries of

Gutierrez v. Weinstein

District Court of Appeal of Florida, Third District
Mar 2, 1982
409 So. 2d 1110 (Fla. Dist. Ct. App. 1982)
Case details for

Gutierrez v. Weinstein

Case Details

Full title:TANIA GUTIERREZ AND JOSE GUTIERREZ, HER HUSBAND, APPELLANTS, v. MARVIN…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 2, 1982

Citations

409 So. 2d 1110 (Fla. Dist. Ct. App. 1982)