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INDUSTRIAL SUPPLIES, INC. v. HEREDIA

No. 70-740.

247 So.2d 510 (1971)

INDUSTRIAL SUPPLIES, INC. of Florida, a Florida Corporation, Appellant, v. Raymond J. HEREDIA and Muriel B. Heredia, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 26, 1971.

Attorney(s) appearing for the Case

Jepeway, Gassen & Jepeway, Harris & Sirkin, Miami, for appellant.

Marks, Keith, Mack & Lewis, Miami, for appellees.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

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...

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