HomeMy WebLinkAbout0922 T_N THE CIRCUZT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, FLORIDA - ,
APPEIyLATE DIVISION
CASE NO. 73-812 CA
DAVID J. RUPP and SHEILA D,:
RUPP,
Appellee, . ~
v. .
LEE SW~EET and ROBERT C. .
HILLIARD,
Appellants. :
OPINION AND ORDER ON APPEAL
THIS Appeal is from a Final Order entered by the
County Judge of St. Lucie County on August 15, 1973, whereby
the Plaintiffs below, DAVID J. RUPP and SHEILIA D. RUPP, were
given p~ssession of a certain Z932 Hutmobile ?~utomobile and the
subsequent order of the County Judge, dated September 27, 1973,
denying the Motion of the Defendants below, LEE SWEET and ROBERT
C. HILLIARD, for a new trial and also ordering that the Defendants
take nothing by their Counterclaim.
I~ No transcript of the testimony presented to the
~ -
I County Judge at the trial is availab?e. The County Judge has
filed a Statement of Facts. The Appellants, disagreeing with
~ indin s af the Tri31 .7ud e in his Statement of Facts,
some of the € g g
have filed affidavits by-C. Norris Tilton and Lee Sweet, which in
part contradict or add to the Trial Judge's Statement~of Facts.
From th~ record on Appeal, this Court cannot determine
what evidence and tPStimony was available to the Trial Judge.
In his Statement of Facts, the Trial Judge says he found, as a
~
matter of fact, that a mechanic's lien had not been perfected;
~ t salE iven Plaintiff
~ tnat there was never any notice for the firs g
Rupp under Florida Statute 85.03Z(3); that there was never any
pri~~ity of contract for storage between Plaintiff Rupp and
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