From Casetext: Smarter Legal Research

Phipps v. Sheffman

District Court of Appeal of Florida, Third District
Jun 11, 1968
211 So. 2d 598 (Fla. Dist. Ct. App. 1968)

Opinion

No. 67-613.

June 11, 1968.

Appeal from the Circuit Court for Dade County, Harvie S. DuVal, J.

Quinton, Leib, Parks Aurell, Miami, for appellants.

Fuller Brumer, Bolles, Goodwin Ryskamp, Miami, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.


This appeal is by the plaintiffs, Phipps, from a final judgment for the defendants below. The case was submitted to the trial court on a written stipulation of facts.

The findings of the trial judge in the final judgment were based on depositions and a stipulation of facts and not on live testimony. The presumption of correctness which usually attends a final judgment is therefore weak. See West Shore Restaurant Corp. v. Turk, Fla. 1958, 101 So.2d 123; L S Enterprises, Inc. v. Miami Tile Terrazzo, Inc., Fla.App. 1963, 148 So.2d 299. Nevertheless, the judgment appealed having been a final judgment, a presumption of correctness remains present and the appellants have the burden of showing error. Fla.Jur. Appeals § 316.

The findings and final judgments of the trial court have not been shown to be erroneous and they are, therefore, affirmed. See Pushee v. Johnson, 123 Fla. 305, 166 So. 847, 105 A.L.R. 789 (1936); Mason v. Cunningham, 111 Fla. 200, 149 So. 331 (1933); Shaffran v. Holness, Fla. App. 1958, 102 So.2d 35; and West v. Equitable Mortg. Co., 112 Ga. 377, 37 S.E. 357 (1900).

The appellee has appealed from, and cross-assigned as error the failure of the trial court to award attorneys' fees to its counsel. No error has been clearly demonstrated in this regard. The final judgment is, therefore,

Affirmed.


Summaries of

Phipps v. Sheffman

District Court of Appeal of Florida, Third District
Jun 11, 1968
211 So. 2d 598 (Fla. Dist. Ct. App. 1968)
Case details for

Phipps v. Sheffman

Case Details

Full title:LORNE PHIPPS AND BETTY E. PHIPPS, APPELLANTS, v. ABRAHAM SHEFFMAN AND…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 11, 1968

Citations

211 So. 2d 598 (Fla. Dist. Ct. App. 1968)

Citing Cases

Walton v. Estate of Walton

The rule has long been established that where a trial judge bases his final order on the transcribed…

Schoninger v. Union Oil Co. of Calif

The trial judge, in exercising equity power, has fashioned a remedy that is consistent with a reasonable…