ROGER YOST, HERBERT W. ABRAMSON AND IVAN PHILLIPS, ON BEHALF OF THEMSELVES, AND ALL OTHER SHAREHOLDERS OF CONGRESS INTERNATIONAL DEVELOPMENT CORPORATION, APPELLANTS,
v.
CONGRESS INTERNATIONAL DEVELOPMENT CORPORATION, HOWARD SONN, STUART E. WILSON, EUGENE SNIDOW AND H & M CATTLE COMPANY, INC., APPELLEES
ROGER YOST, HERBERT W. ABRAMSON AND IVAN PHILLIPS, ON BEHALF OF THEMSELVES, AND ALL OTHER SHAREHOLDERS OF CONGRESS INTERNATIONAL DEVELOPMENT CORPORATION, APPELLANTS,
CONGRESS INTERNATIONAL DEVELOPMENT CORPORATION, HOWARD SONN, STUART E. WILSON, EUGENE SNIDOW AND H & M CATTLE COMPANY, INC., APPELLEES
378 So. 2d 1300
Florida District Court of Appeal, Third District (1979)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The order dismissing this stockholder’s derivative action is reversed upon a holding that (a) the complaint herein does not allege sufficient facts to show on its face that the action is barred by the statute of limitations, Green v. Bartel, 365 So. 2d 785 (Fla.3d DCA 1978); Tullo v. Horner, 296 So. 2d 502 (Fla.3d DCA 1974), (b) the dissolution of Congress International Development Corporation does not bar the instant action, § 607.297, Fla.Stat. (1977); and (c) the plaintiffs should be given leave to amend their complaint upon remand to join Clear Lake Village, Inc. as an indispensible party plaintiff to this action. Alario v. Miller, 354 So. 2d 925 (Fla.2d DCA 1978).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yost v. Cong. Int'l Dev. Corp., 383 So. 2d 732 (Fla. 3d DCA 1980)…PER CURIAM. The order under review is reversed insofar as it withholds execution on an award of appellate costs relating to a prior appeal in this cause, Yost v. Congress International Corp., 378 So. 2d 1300 (Fla.3d DCA 1979), as, in our view, Fla.R.App.P. 9.400(a) clearly entitles the appellant to an immediate award of such costs without stay of execution thereon. In all other respects, the order under review is affirmed. The cause is, accordingly, rem…
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R.P.M. Enters., Inc. v. Bertram Murphy and Barbara Murphy, 575 So. 2d 1347 (Fla. 3d DCA 1991)…the finding is supported by competent substantial evidence.”). As R.P.M. had not complied with its obligations under the contract, specific performance was properly denied. See Hooper v. Breneman, 417 So. 2d 315 (Fla. 5th DCA 1982); Emery v. Milton, 378 So. 2d 1300 (Fla. 3d DCA 1980). Affirmed.…
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Mastec, Inc. v. TJS, LLC, 979 So. 2d 285 (Fla. 2d DCA 2008)…45 So. 2d 404, 405 (Fla. 2d DCA 1977); Arvesu v. Blancom Props., N.V., 913 So. 2d 1231, 1232 (Fla. 3d DCA 2005); Garcia v. Alfonso, 490 So. 2d 130, 131 (Fla. 3d DCA 1986); Hooper v. Breneman, 417 So. 2d 315, 317 (Fla. 5th DCA 1982); Emery v. Milton, 378 So. 2d 1300, 1301 (Fla. 3d DCA 1979). Conclusion For these reasons, the trial court erred in ordering specific performance of the Contract in favor of the Buyers. We reverse the final judgment for specific performance, and we remand for the entry of a final j…
Authorities Cited
- Alario v. Miller, 354 So. 2d 925 (Fla. 2d DCA 1978)
- Green v. Bartel, 365 So. 2d 785 (Fla. 3d DCA 1978)
- Tullo v. Horner, 296 So. 2d 502 (Fla. 3d DCA 1974)