OLLIE V. WHITENER, APPELLANT,
v.
WHITENER BUILDERS, INC., ET AL., APPELLEES; WHITENER BUILDERS, INC., A CORPORATION, APPELLANT, V. OLLIE V. WHITENER, APPELLEE

Fla. 1st DCA | 1976-10-01
Nos. Z-250, Y-533
Boyer, C.J., McCord, J., Schlegel, Lew, Associate Judge
339 So. 2d 659 Florida District Court of Appeal, First District (1976) Negative Treatment
Cited by 7 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The court affirmed the trial judge's order requiring Whitener Builders, Inc. to issue 23 shares of stock to Ollie V. Whitener as fully paid, finding sufficient evidence supported the trial court's findings.


Holding

Whitener Builders, Inc. must issue 23 shares of stock to Ollie V. Whitener as fully paid shares.


Facts & Procedural History

Ollie V. Whitener subscribed for 23 shares of stock in Whitener Builders, Inc., a corporation, and the trial judge found sufficient evidence to suppor…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

On June 30, 1976, following oral argument in these consolidated cases, we filed a per curiam opinion which is reported at 334 So. 2d 322. Thereafter, on July 22,1976, the trial judge, in accordance with our above-mentioned opinion, entered an order containing various findings. He concluded by holding:

“That Whitener Builders, Inc., a corporation, by its authorized officers, shall issue to Ollie V. Whitener, 23 shares of stock as subscribed by her in such corporation, as fully paid.”

A certified copy of the trial judge’s order was filed in the office of the clerk of this court on July 26, 1976, thereby revesting jurisdiction in this Court in accordance with our prior opinion of June 30, 1976. Although that opinion provided that “The parties may thereupon, if they so desire, within 30 days thereafter, file such briefs and supplemental record as they deem necessary, * * * ” no such briefs nor supplemental record have been filed.

Our examination of the record reveals sufficient evidence to sustain the findings of the learned trial judge as recited in his order of July 26, 1976, and those findings are sufficient basis for the adjudicatory portion of that order hereinabove quoted. Accordingly, the final judgment here appealed, as supplemented and modified by the above-mentioned order of July 26,1976, is

AFFIRMED.

BOYER, C. J., McCORD, J., and SCHLE-GEL, LEW, Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Alphonso Stuart v. State, 360 So. 2d 406 (Fla. 1978)
    …BOYD, Justice. By petition for a writ of certiorari we have for review a decision of the District Court of Appeal, Third District (Stuart v. State, 339 So. 2d 659), which conflicts with decisions in Gue v. State, 297 So. 2d 135 (Fla.2d DCA 1974) and State ex rel. Flowers v. Goodman, 241 So. 2d 457 (Fla.3d DCA 1970). We have jurisdiction, pursuant to Article V, Section 3(b)(3), Florida Constitution. After bei…
  • McKINNEY v. Honorable Theron A. Yawn, Jr., 625 So. 2d 885 (Fla. 1st DCA 1993)
    …re there was an acknowledgment by the court or one of the parties of a speedy trial issue followed by the defense’s acquiescence in a trial date set beyond the speedy trial period. State v. Kelley, 322 So. 2d 581 (Fla. 1st DCA 1975); Stuart v. State 339 So. 2d 659 (Fla. 3d DCA 1976); State v. Earnest, 265 So. 2d 397 (Fla. 1st DCA 1972); and Eastwood v. Hall, 258 So. 2d 269 (Fla. 2nd DCA 1972). However, none of these circumstances has occurred in the instant case. 349 So. 2d at 839. This discussion in Ansley…
  • State v. Ansley, 349 So. 2d 837 (Fla. 1st DCA 1977)
    …e there was an acknowledgment by the court or one of the parties of a speedy trial issue followed by the defense’s acquiescence in a trial date set beyond the speedy trial period. State v. Kelley, 322 So. 2d 581 (Fla. 1st DCA 1975); Stuart v. State, 339 So. 2d 659 (Fla. 3rd DCA 1976); State v. Earnest, 265 So. 2d 397 (Fla. 1st DCA 1972); and Eastwood v. Hall, 258 So. 2d 269 (Fla. 2nd DCA 1972). However, none of these circumstances has occurred in the instant case. We hold that mere silence alone on the part…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw