VERNON L. JONES, FOR THE USE AND BENEFIT OF JONES BOAT YARD, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CLEVELAND H. JONES, JR., ET AL., APPELLEES
VERNON L. JONES, FOR THE USE AND BENEFIT OF JONES BOAT YARD, INC., A FLORIDA CORPORATION, APPELLANT,
CLEVELAND H. JONES, JR., ET AL., APPELLEES
338 So. 2d 60
Florida District Court of Appeal, Third District (1976)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The plaintiff in a stockholder’s derivative action appeals a final judgment for the defendants. The basic finding of the trial court was that the plaintiff had, after a full trial, failed to show a misapplication of corporate funds. On this appeal, plaintiff argues that he did, in fact, prove a misapplication of corporate funds. The record contains evidence which, if believed by the trial judge, amply supports the court’s finding. Under such circumstances, it is not the function of an appellate court to retry the case. See Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); and Roberts v. South ern Farm Bureau Casualty Insurance Company, 215 So. 2d 59 (Fla. 1st DCA 1968).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cohen v. Lansburgh, 366 So. 2d 154 (Fla. 3d DCA 1979)…still-questioned validity of their mortgage. Therefore, we affirm this finding of the trial judge.1 Roberts v. Southern Farm Bureau Casualty Insurance Company, 215 So. 2d 59 (Fla.1st DCA 1968); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Jones v. Jones, 338 So. 2d 60 (Fla.3d DCA 1976). The attorney fees presents a more difficult problem. However, an examination of the record indicates that the Lans-burgh Group, which included Louis Cohen, was authorized to take over the Eden Roc Hotel pursuant to a trustee’s or…
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Malkus v. Gaines, 434 So. 2d 957 (Fla. 3d DCA 1983)…e. As to the first contention, we affirm. There is ample evidence to support the trial court’s finding, in effect, of fraud in the inducement. Oceanic International Corporation v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981); Jones v. Jones, 338 So. 2d 60 (Fla. 3d DCA 1976); Alter v. Finesmith, 214 So. 2d 732 (Fla. 3d DCA 1968). As to the second point, we reverse and hold that the proper relief that the trial judge should have granted would have been to adjust the ownership in the venture in accorda…
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Roberts v. S. Farm Bureau Cas. Ins. Co., 215 So. 2d 59 (Fla. 1st DCA 1968)