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PHIPPS v. SHEFFMAN

No. 67-613.

211 So.2d 598 (1968)

Lorne PHIPPS and Betty E. Phipps, Appellants, v. Abraham SHEFFMAN and Dorothy Sheffman, et al., Appellees.

District Court of Appeal of Florida. Third District.

June 11, 1968.

Attorney(s) appearing for the Case

Quinton, Leib, Parks & Aurell, Miami, for appellants.

Fuller & Brumer, Bolles, Goodwin & Ryskamp, Miami, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

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,

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