Summary
In Brown v. Slate 26 Tenn. 112, 113 it was held: "If the answer of the garnishee under execution be not sufficiently specific to charge him, he must be discharged, and this though the answer leaves room for suspicion," etc.
Summary of this case from Rucker v. AymettOpinion
No. 71-622.
December 14, 1971. Rehearing Denied January 20, 1972.
Appeal from Circuit Court, Dade County; Milton A. Friedman, Judge.
Milton E. Grusmark and David B. Javits, Miami Beach, for appellants.
Arthur Lee Willner, Miami, for appellee.
Before PEARSON, CHARLES CARROLL and HENDRY, JJ.
The plaintiffs in the trial court appeal a summary final judgment for the defendants upon a complaint alleging fraud in the sale of stock in a corporation to be formed. The judgment is supported by the depositions of the plaintiffs where it appears that the corporation was formed and one of the appellants participated as an officer until losses were encountered. The testimony of the plaintiffs fails to support the allegations of their complaint. In addition, it affirmatively appears that there is no further evidence of the alleged fraud available for trial. See Lane v. Cohen, Fla. App. 1967, 201 So.2d 804 for the rule that a summary judgment will be affirmed where the depositions demonstrate that the appellant is completely without proofs to sustain his complaint.
Affirmed.