Phipps v. Sheffman
| Decision Date | 11 June 1968 |
| Docket Number | No. 67-613,67-613 |
| Citation | 211 So.2d 598 |
| Parties | Lorne PHIPPS and Betty E. Phipps, Appellants, v. Abraham SHEFFMAN and Dorothy Sheffman, et al., Appellees. |
| Court | Florida District Court of Appeals |
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).
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...is the trial judge. Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA1976), cert. dismissed, 351 So.2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So.2d 598 (Fla. 3d DCA1968); L & S Enters., Inc. v. Miami Tile & Terrazzo, Inc., 148 So.2d 299, 300 (Fla. 3d DCA1963). Although a presumption of cor......
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Dukes v. Dukes
...to the Appellate Court clothed with the presumption of correctness and the appellants have the burden of showing error. Phipps v. Sheffman, Fla.App., 211 So.2d 598 and Jovanovich v. Aeor-Tec., Inc., Fla.App., 277 So.2d 555. As in the cited cases the presumption is slight where the trial Jud......
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Kelly v. Florida Atlantic University, AF-456
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