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Camber Corp v. M.S. Indus. Int'l, Inc.

District Court of Appeal of Florida, Fourth District
Jul 2, 1976
337 So. 2d 990 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1352.

April 2, 1976. Rehearing Denied July 2, 1976.

Appeal from the Circuit Court for St. Lucie County; James E. Alderman, Judge.

Joel T. Daves, III, of Burdick Daves, West Palm Beach, for appellant.

Ben L. Bryan, Jr., of Bryan, Koblegard Brown, Fort Pierce, for appellee.


AFFIRMED.

WALDEN, C.J., MAGER, J., and RUDNICK, VAUGHN, J., Associate Judge, concur.


ON REHEARING

Petition for rehearing denied.

WALDEN, C.J., and RUDNICK, VAUGHN, J., Associate Judge, concur.

MAGER, J., dissents.


Although the granting of a petition for rehearing is the exception rather than the rule, it seems to me that the instant petition specifies matters which this court may have overlooked in rendering its decision to affirm. The litigation below sought to establish priorities among creditors of the defunct corporation, M.S. Industries International, Inc. The trial court upheld the claim of Carlton, appellee, in the proceeds of a certain lease between Camber Corporation, appellant, and M.S. Industries International, Inc. With all due respect to the learned trial judge and the majority of this court, I am of the opinion that the record supports the claim of Camber. In particular, there is sufficient evidence to reflect that Camber held an assignment of certain lease rights, which assignment entitled Camber, rather than Carlton, to a superior interest in the proceeds of the lease.

Accordingly, I would grant rehearing and reverse.


Summaries of

Camber Corp v. M.S. Indus. Int'l, Inc.

District Court of Appeal of Florida, Fourth District
Jul 2, 1976
337 So. 2d 990 (Fla. Dist. Ct. App. 1976)
Case details for

Camber Corp v. M.S. Indus. Int'l, Inc.

Case Details

Full title:CAMBER CORPORATION, APPELLANT, v. M.S. INDUSTRIES INTERNATIONAL, INC.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 2, 1976

Citations

337 So. 2d 990 (Fla. Dist. Ct. App. 1976)