From Casetext: Smarter Legal Research

Smith Bros. Wood Prod v. ST Road Dept

District Court of Appeal of Florida, Fifth District
May 13, 1983
431 So. 2d 175 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-263.

March 30, 1983. Rehearing Denied May 13, 1983.

Appeal from the Circuit Court, Seminole County, Robert B. McGregor, J.

George A. Speer, Jr., of Speer Speer, P.A., Sanford, for appellant.

Nikki Clayton, Sanford, for appellee Seminole County.

No appearance for appellee State Road Dept. of Florida.


ON MOTION TO DISMISS


Appellee, Seminole County, has moved to dismiss this appeal pursuant to section 608.35, Florida Statutes (1965), now section 607.357(6), Florida Statutes (1981), because appellant, Smith Brothers Wood Products, Inc., was involuntarily dissolved by the state of Florida on June 7, 1966, for failure to pay its capital stock tax. After argument on the motion, counsel for Smith Brothers was given a reasonable time within which to rebut the allegations of the motion or to demonstrate that Smith Brothers Wood Products, Inc. existed. No further pleadings or response has been made by or in behalf of Smith Brothers. While Smith Brothers could have applied for reinstatement of the corporation as provided in section 607.271(5), Florida Statutes (1981), it has not done so. Therefore, this appeal must be dismissed. See Town of Davie v. Hartline, 199 So.2d 280 (Fla. 1967); Industrial National Mortgage Co. v. Blake, 406 So.2d 103 (Fla. 3d DCA 1981); Marinelli v. Weaver, 208 So.2d 489 (Fla. 2d DCA 1968).

DISMISSED.

ORFINGER, C.J., and COBB, J., concur.


Summaries of

Smith Bros. Wood Prod v. ST Road Dept

District Court of Appeal of Florida, Fifth District
May 13, 1983
431 So. 2d 175 (Fla. Dist. Ct. App. 1983)
Case details for

Smith Bros. Wood Prod v. ST Road Dept

Case Details

Full title:SMITH BROTHERS WOOD PRODUCTS, INC., APPELLANT, v. STATE ROAD DEPARTMENT OF…

Court:District Court of Appeal of Florida, Fifth District

Date published: May 13, 1983

Citations

431 So. 2d 175 (Fla. Dist. Ct. App. 1983)