Phipps v. Sheffman
Cases that cite this one
4 later published cases cite this decision.
- Walton v. Estate of Walton (Fla. Dist. Ct. App. 1992)
- Schoninger v. Union Oil Co. of California (Fla. Dist. Ct. App. 1987)
- Kelly v. Florida Atlantic University (Fla. Dist. Ct. App. 1982)
- Dukes v. Dukes (Fla. Dist. Ct. App. 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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,
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.