Gibson v. Sunshine State Pools & Spas, Inc.

District Court of Appeal of Florida

Gibson v. Sunshine State Pools & Spas, Inc.

561 So. 2d 12, 1990 Fla. App. LEXIS 3111, 1990 WL 58269

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1990

DocketNo. 89-949

StatusPublished

This text of 561 So. 2d 12 (Gibson v. Sunshine State Pools & Spas, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gibson v. Sunshine State Pools & Spas, Inc., 561 So. 2d 12, 1990 Fla. App. LEXIS 3111, 1990 WL 58269 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The parties agreed that an evidentiary hearing was needed in order for the court to determine whether there had been compliance with the terms of a stipulated settlement. According to the appellant, the trial court, without first hearing testimony to resolve disputed issues of fact, entered a final judgment for the appellee.¹ Consequently, there is no record support for the judgment on review. It is a fundamental rule that findings of a trial court which are not supported by the record will be overturned on appeal. Marrone v. Miami Nat’l Bank, 507 So.2d 652 (Fla. 3d DCA 1987).

Reversed and remanded for further proceedings.

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PER CURIAM.

The parties agreed that an evidentiary hearing was needed in order for the court to determine whether there had been compliance with the terms of a stipulated settlement. According to the appellant, the trial court, without first hearing testimony to resolve disputed issues of fact, entered a final judgment for the appellee.¹ Consequently, there is no record support for the judgment on review. It is a fundamental rule that findings of a trial court which are not supported by the record will be overturned on appeal. Marrone v. Miami Nat’l Bank, 507 So.2d 652 (Fla. 3d DCA 1987).

Reversed and remanded for further proceedings.

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561 So. 2d 12, 1990 Fla. App. LEXIS 3111, 1990 WL 58269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-sunshine-state-pools-spas-inc-fladistctapp-1990.

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