Automated Management System of Florida, Inc. v. Thomson & McKinnon, Inc.

This is an appeal from a final judgment entered in favor of the plaintiff after a non-jury trial. Counsel for both parties agreed to a stipulation which waived testimony and submitted the facts to the trial court for its decision.

Defendant-appellant urges that the evidence is insufficient to support the judgment. Considering the sort of record we have just described, we find that it supports the judgment for the plaintiff except as to the amount of damages. It appears that the plaintiff and the court overlooked the fact that in an action for fraud and negligence (plaintiff announced that he…