MAGIC CITY GROCERY, INC., CLAUDE SHANEN AND ROSELLE SHANEN, ET VIR,
v.
LAURA KNOWLES
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The Florida Supreme Court reversed a lower court's decree that vacated the transfer of corporate stock and subjected corporate property to a judgment against an individual. The Court found discrepancies between the bill of complaint, the evidence, and the relief granted, remanding the case for amendments and further proceedings.
The lower court's decree was not appropriate due to material discrepancies between the pleadings, evidence, and relief granted. Therefore, the decree is reversed.
“This appeal is from a final decree vacating the transfer of 46 shares of the capital stock of the Magic City Grocery, Inc. from Claude Shanen, the debtor, to the Magic City Grocery, Inc., and subjecting 48/50 of the property standing in the name of the Magic City Grocery, Inc., to the execution issued on a judgment at law rendered against Claude Shanen.”
Describes the subject matter of the appeal and the lower court's decree.
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Join FLexlaw to unlock all legal intelligenceLaura Knowles obtained a judgment against Claude Shanen. A final decree was entered vacating the transfer of 46 shares of Magic City Grocery, Inc. sto…
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This appeal is from a final decree vacating the transfer of 46 shares of the capital stock of the Magic City Grocery, Inc.^from Claude Shanen, the debtor, to the Magic City Grocery, Inc., and subjecting 48/50 of the *657property standing in the name of the' Magic City Grocery, Inc., to the execution issued on a judgment at law rendered against Claude Shanen.
In material respects the evidence is not in entire accord with the allegations of the bill of complaint, which was not amended to'meet the proofs; and in material respects the relief granted by the final decree is not in entire harmony with the allegations of the bill of complaint and the evidence adduced.
The decree is reversed and the cause is remanded with leave to permit amendments to -the bill of complaint and the admission of appropriate evidence, to the end that an appropriate decree according to the law may be duly rendered.
Reversed and rema'nded for appropriate proceedings.
Whitfield, Terrell, Brown, Buford and Chapman, J. J., concur.
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Baring Indus., Inc. v. Rayglo, Inc., 303 So. 2d 625 (Fla. 1974)…30), 99 Fla. 374, 126 So. 307, in which this Court reversed a money decree explaining that there was no “foundation in the bill of complaint or in the proof” for such a decree. Conflict is also urged with Magic City Grocery, Inc. v. Knowles (1938), 132 Fla. 656, 181 So. 889, in which a cause concerning the transfer of capital stock was reversed and remanded by this Court for the following reason: “[I]n material respects the relief granted by the final decree is not in entire harmony with the allegations o…
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Knowles v. Magic City Grocery, Inc., 144 Fla. 78 (Fla. 1940)…e suit. Appellant filed creditor’s bill in the circuit court, the cause was referred to a Master, and final decree entered in favor of appellant. From that decree an appeal was taken, and in the case of Magic City Grocery, Inc., et al., v. Knowles, 132 Fla. 656, 181 So. 889, the cause was reversed and remanded with leave to amend the bill and to introduce appropriate evidence thereunder. The bill was amended and a special master was again appointed to take testimony. It was found that appellant had a goo…