Jones ex rel. Jones Boat Yard, Inc. v. Jones

District Court of Appeal of Florida

Jones ex rel. Jones Boat Yard, Inc. v. Jones

338 So. 2d 60, 1976 Fla. App. LEXIS 15562

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 1976

DocketNo. 75-1761

StatusPublished

Cited by2 cases

This text of 338 So. 2d 60 (Jones ex rel. Jones Boat Yard, Inc. v. Jones) 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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Jones ex rel. Jones Boat Yard, Inc. v. Jones, 338 So. 2d 60, 1976 Fla. App. LEXIS 15562 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

The plaintiff in a stockholder’s derivative action appeals a final judgment for the defendants. The basic finding of the trial court was that the plaintiff had, after a full trial, failed to show a misapplication of corporate funds. On this appeal, plaintiff argues that he did, in fact, prove a misapplication of corporate funds. The record contains evidence which, if believed by the trial judge, amply supports the court’s finding. Under such circumstances, it is not the function of an appellate court to retry the case. See Shaw v. Shaw, 334 So.2d 13 (Fla.1976); and Roberts v. South[61]*61ern Farm Bureau Casualty Insurance Company, 215 So.2d 59 (Fla. 1st DCA 1968).

Affirmed.

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PER CURIAM.

The plaintiff in a stockholder’s derivative action appeals a final judgment for the defendants. The basic finding of the trial court was that the plaintiff had, after a full trial, failed to show a misapplication of corporate funds. On this appeal, plaintiff argues that he did, in fact, prove a misapplication of corporate funds. The record contains evidence which, if believed by the trial judge, amply supports the court’s finding. Under such circumstances, it is not the function of an appellate court to retry the case. See Shaw v. Shaw, 334 So.2d 13 (Fla.1976); and Roberts v. South[61]*61ern Farm Bureau Casualty Insurance Company, 215 So.2d 59 (Fla. 1st DCA 1968).

Affirmed.

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338 So. 2d 60, 1976 Fla. App. LEXIS 15562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-ex-rel-jones-boat-yard-inc-v-jones-fladistctapp-1976.

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