Phipps v. Sheffman

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…