DEPARTMENT OF REVENUE v. GURTLER

No. 79-18.

381 So.2d 242 (1979)

DEPARTMENT OF REVENUE, State of Florida, Appellant, v. Max E. GURTLER and Lucia Gurtler, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

October 3, 1979.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Maxie Broome, Jr., Asst. Atty. Gen., Tallahassee, for appellant.

Peter A. Portley of Portley & Sullivan, Pompano Beach, for appellees.


LETTS, Judge.

This cause is reversed and remanded with directions that the trial court enter a final judgment in favor of the appellant in accordance with "Defendants Exhibit # 2 received in evidence on 11/27/1978."

In so directing, we would express our vexation that the trial judge, through no fault of his, was so misled, a happening which we have discovered through our persistent demands to supplement and correct the record pursuant to Fla.R.App.P. 9.200...

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