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Gibson v. Sunshine State Pools

District Court of Appeal of Florida, Third District
May 8, 1990
561 So. 2d 12 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-949.

May 8, 1990.

An Appeal from the Circuit Court for Dade County; Thomas M. Carney, Judge.

Holden Holden, and Thomas Holden, for appellants.

Mark D. Press, Miami, for appellee.

Before FERGUSON, JORGENSON and GERSTEN, JJ.


The parties agreed that an evidentiary hearing was needed in order for the court to determine whether there had been compliance with the terms of a stipulated settlement. According to the appellant, the trial court, without first hearing testimony to resolve disputed issues of fact, entered a final judgment for the appellee. Consequently, there is no record support for the judgment on review. It is a fundamental rule that findings of a trial court which are not supported by the record will be overturned on appeal. Marrone v. Miami Nat'l Bank, 507 So.2d 652 (Fla. 3d DCA 1987).

Appellee has not filed an answer brief.

Reversed and remanded for further proceedings.


Summaries of

Gibson v. Sunshine State Pools

District Court of Appeal of Florida, Third District
May 8, 1990
561 So. 2d 12 (Fla. Dist. Ct. App. 1990)
Case details for

Gibson v. Sunshine State Pools

Case Details

Full title:KENNETH GIBSON, AND MARIE GIBSON, HIS WIFE, APPELLANTS, v. SUNSHINE STATE…

Court:District Court of Appeal of Florida, Third District

Date published: May 8, 1990

Citations

561 So. 2d 12 (Fla. Dist. Ct. App. 1990)