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UNITED STATES v. MOXON

No. 74-1230.

321 So.2d 559 (1975)

The UNITED STATES of America, Appellant, v. George L. MOXON et al., Appellees.

District Court of Appeal of Florida, Fourth District.

November 14, 1975.

Attorney(s) appearing for the Case

Robert W. Rust, U.S. Atty., Miami, and Scott P. Crampton, Asst. Atty. Gen., and Gilbert E. Andrews, Karl Schmeidler, and George G. Wolf, Department of Justice, Washington, for appellant.

Larry L. Adair of Walden & Dubow, Dania, for appellee, Howard E. Burgess, individually and doing business as "Howie" Burgess Realtor.

Alan H. Lubitz, of Williams, Salomon, Kanner & Damian, Miami, for appellee, Williams, Salomon, Kanner & Damian.

PER CURIAM.

Appellant The United States of America seeks reversal of a final judgment entered in a suit for declaratory decree wherein the trial court determined priorities to a fund in the possession of appellee, Moxon.

The final judgment recites that it is based upon a consideration by the court of "all of the pleadings, papers and evidence ..." Appellees contend, and we agree, that absent a transcript of the evidence presented at final hearing or a stipulated...

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