Legal Opinion

Von Zamft v. Cohen

District Court of Appeal of Florida

Decided February 26, 1991No. 90-1604Published

1Per curiam

We conclude that no reversible error has been demonstrated in the primary judgment below entered after a non-jury trial and challenged on the main appeal. Cobb v. Cobb, 82 Fla. 287, 89 So. 869 (1921); see Martin County v. Johnson, 570 So.2d 1378, 1381 (Fla. 4th DCA 1990); GAC Properties, Inc. v. Carmine, 258 So.2d 466 (Fla. 3d DCA 1971).

On the cross-appeal, however, we conclude that Cohen is entitled to recover $46,-500, plus interest, in accordance with a stipulation of the parties which was not, but should have been, enforced below. See 2 Fla.Jur.2d Agreed Case and Stipulations § 15 (1977).…

2Cases cited6 opinions

  1. Miller v. BerrySupreme Court of Florida · 1919
  2. Cobb v. CobbSupreme Court of Florida · 1921
  3. Gac Properties, Inc. v. CarmineDistrict Court of Appeal of Florida · 1971
  4. Florida BarSupreme Court of Florida · 1990
  5. Florida Bar v. CohenSupreme Court of Florida · 1988

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