Tempera v. Lido Spa

District Court of Appeal of Florida

Tempera v. Lido Spa

291 So. 2d 640, 1974 Fla. App. LEXIS 7930

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1974

DocketNo. 73-506

StatusPublished

This text of 291 So. 2d 640 (Tempera v. Lido Spa) 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.

Bluebook

Tempera v. Lido Spa, 291 So. 2d 640, 1974 Fla. App. LEXIS 7930 (Fla. Ct. App. 1974).

Pincite

Opinion

PER CURIAM.

This is an appeal from a summary final judgment. In entering its judgment, the court specifically considered certain evi[641]*641dence and based its decision thereon. The judgment states as follows:

3{í i{c ‡ ‡

“1. By agreement of counsel, the^ Court considered three photographs marked Plaintiff’s exhibits for identification 1, 2 and 3; identified in the deposition of witness Koenig taken August 7, 1972, and attached to Plaintiffs copy of the deposition which was handed to the Court during the hearing.”

* * * * * *

Having determined that the photographs considered by the court were not made a part of the record at any time and are not now before us, we affirm upon the authority of the rule stated in McEachin v. McEachin, Fla.App. 1963, 154 So.2d 894, 898. See Hollander v. Nolan Brown Motors, Inc., Fla.App. 1973, 272 So.2d 9.

Affirmed.

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