John Miskoff Foundation, Inc. v. Johnson

District Court of Appeal of Florida

John Miskoff Foundation, Inc. v. Johnson

588 So. 2d 675, 1991 Fla. App. LEXIS 11585, 1991 WL 232203

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1991

DocketNo. 91-64

StatusPublished

This text of 588 So. 2d 675 (John Miskoff Foundation, Inc. v. Johnson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John Miskoff Foundation, Inc. v. Johnson, 588 So. 2d 675, 1991 Fla. App. LEXIS 11585, 1991 WL 232203 (Fla. Ct. App. 1991).

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Opinion

GERSTEN, Judge.

Appellants, The John Miskoff Foundation, Thomas W. Watson and James 0. Plinton (Foundation), appeal a summary judgment in favor of appellees. We affirm.

The material issues of fact are not in controversy. A concatenation of events, involving the Foundation’s bylaws, led to the removal of several trustees. The removed trustees, in turn, sued for damages and for reinstatement.

The trial court, based upon the Foundation’s bylaws and the non-controverted facts, determined as a matter of law that the trustees were properly removed. Accordingly, the trial court acted well within its judicial demesne in entering summary judgment. See Holl v. Tolcott, 191 So.2d 40 (Fla.1966); Levey v. Getelman, 408 So.2d 663 (Fla. 3d DCA 1981).

Affirmed.

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