Legal Opinion
Industrial Supplies, Inc. v. Heredia
District Court of Appeal of Florida
Decided April 20, 1971No. 70-740PublishedCited by 3 opinions
1Opinion of the Court
PEARSON, Chief Judge.
The trial judge has entered in this cause a judgment entitled, “Summary Final Judgment for Defendants”. The defendants as appellees here have urged that the judgment was actually entered upon an oral stipulation which was not made a part of the record. Such stipulations cannot be the basis for action in the appellate court. See Steele v. State, 33 Fla. 348, 14 So. 841 (1894); RCP 1.030(d), 30 F.S.A. In addition, the judgment of the court recites that:
“This cause came on to be heard before me upon the Motion of the Defendant-counterclaimant for Summary Judgment and upon…
2Cases cited5 opinions
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Dupuis v. 79th Street Hotel, Inc.District Court of Appeal of Florida · 1970
- Craft v. American Agricultural Chemical Co.Supreme Court of Florida · 1921
- Steele v. StateSupreme Court of Florida · 1894
- Brammer v. EllisonSupreme Court of Colorado · 1953
3Cited by3 opinions
- Arnold v. ArnoldDistrict Court of Appeal of Florida · 1974
- Bird v. BirdDistrict Court of Appeal of Florida · 1983
- Heredia v. Industrial Supplies, Inc.District Court of Appeal of Florida · 1972