LORNE PHIPPS AND BETTY E. PHIPPS, APPELLANTS,
v.
ABRAHAM SHEFFMAN AND DOROTHY SHEFFMAN, ET AL., APPELLEES
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The appellate court affirmed the trial court's final judgment because the appellants failed to demonstrate error in the findings or judgment.
Plaintiffs appealed a final judgment entered for the defendants after the case was submitted on a written stipulation of facts and depositions. The de…
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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, *599101 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shaffran v. Holness, 102 So. 2d 35 (Fla. 2d DCA 1958)
- W. Shore Rest. Corp. v. Turk, 101 So. 2d 123 (Fla. 1958)
- The City OF Miami v. Hamilton, 101 So. 2d 123 (Fla. 1957)
- Pushee v. Johnson, 123 Fla. 305 (Fla. 1936)
- Mason v. Cunningham, 111 Fla. 200 (Fla. 1933)
- L & S Enters., Inc. v. Miami Tile & Terrazzo, Inc., 148 So. 2d 299 (Fla. 3d DCA 1963)