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Rosenberg v. Novack

District Court of Appeal of Florida, Third District
Jun 5, 1959
112 So. 2d 60 (Fla. Dist. Ct. App. 1959)

Opinion

No. 58-253.

May 19, 1959. Rehearing Denied June 5, 1959.

Appeal from the Circuit Court, Dade County, Stanley Milledge, J.

Anderson Nadeau, Miami, for appellants.

Sibley, Grusmark, Barkdull King, Miami Beach, and Ward Ward, Miami, for appellees.


An appeal was taken by minority stockholders from a summary final decree directing specific performance of a contract for repurchase by two Florida corporations of stock in the corporations held by the "Kirkeby group". Upon denial of petition for rehearing, the latter group then complied with the decree, and two of the five appellants have withdrawn and been dismissed from this appeal. Appellants argued principally that the lower court should have held the contract unenforceable under F.S. § 608.13(9) (a) (b), F.S.A. The record and authorities contained in the briefs of the parties have been carefully considered upon this point, and the court has concluded that the position of appellants is without merit.

However, since the decree makes no disposition of the appellants' cross-bill, the lower court is directed to hear the same and enter its decree upon such issues as remain.

The decree otherwise appearing without error, it is affirmed, with directions.

CARROLL, CHAS., C.J., HORTON, J., and WARREN, LAMAR, Associate Judge, concur.


Summaries of

Rosenberg v. Novack

District Court of Appeal of Florida, Third District
Jun 5, 1959
112 So. 2d 60 (Fla. Dist. Ct. App. 1959)
Case details for

Rosenberg v. Novack

Case Details

Full title:ABE ROSENBERG, SAMUEL JACOBS AND LOUIS SILVER, APPELLANTS, v. BEN NOVACK…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 5, 1959

Citations

112 So. 2d 60 (Fla. Dist. Ct. App. 1959)