ABE ROSENBERG, SAMUEL JACOBS AND LOUIS SILVER, APPELLANTS,
v.
BEN NOVACK, SADIE NOVICK, AS ADMINISTRATRIX OF THE ESTATE OF HYMAN NOVICK, DECEASED, GLADYS NOVACK, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOE NOVACK, DECEASED, MIRIAM SPIER AND JEROME SPIER, NAT GOODWIN, BERNICE NOVACK, HENRY D. WILLIAMS AND ALICE EVANS DAVIS, APPELLEES
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This case involves an appeal by minority stockholders challenging a court order enforcing a stock repurchase agreement. While the court affirmed the decree, it remanded the case to address a cross-bill that had been overlooked.
Yes, the court found the appellants' position that the contract was unenforceable to be without merit.
“The record and authorities contained in the briefs of the parties have been carefully considered upon this point, and the court has concluded that the position of appellants is without merit.”
This quote establishes the court's rejection of the appellants' primary argument against the contract's enforceability.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMinority stockholders appealed a summary final decree that ordered two Florida corporations to repurchase stock from the "Kirkeby group." The appellan…
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An appeal was taken by minority stockholders from a summary final decree directing specific performance of a contract for repurchase by two Florida corporations of stock in the corporations held by the “Kirkeby group”. Upon denial of petition for rehearing, the latter group then complied with the decree, and two of the five appellants have withdrawn and been dismissed from this appeal. Appellants argued principally that the lower court should have held the contract unenforceable under F.S. § 608.13(9) (a) (b), F.S.A. The record and authorities contained in the briefs of the parties have been carefully considered upon this point, and the court has concluded that the position of appellants is without merit.
However, since the decree makes no disposition of the appellants’ cross-bill, the lower court is directed to hear the same and enter its decree upon such issues as remain.
The decree otherwise appearing without error, it is affirmed, with directions.
CARROLL, CHAS., C. J., HORTON,. J., and WARREN, LAMAR, Associate Judge, concur.
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