Stock v. Bilcon Developers, Inc.

District Court of Appeal of Florida

Stock v. Bilcon Developers, Inc.

203 So. 2d 181, 1967 Fla. App. LEXIS 4418

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1967

DocketNo. 67-75

StatusPublished

This text of 203 So. 2d 181 (Stock v. Bilcon Developers, Inc.) 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.

Bluebook

Stock v. Bilcon Developers, Inc., 203 So. 2d 181, 1967 Fla. App. LEXIS 4418 (Fla. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

Appellants, plaintiffs in the trial court, brought suit against defendant, Bilcon Developers, Inc., to recover on two promissory notes given by the defendant corporation to plaintiffs. Appellee corporation counterclaimed alleging misappropriation of corporate funds by appellant, Frederick C. Stock, for use and benefit of himself and his wife, Estelle F. Stock. The cause was heard before a referee who was mutually agreed upon by both parties. After an extensive hearing and a review by the trial judge, a final judgment was entered in favor of appellee corporation against appellants, Fred C. Stock and his wife, Estelle F. Stock, in the amount of $11,-398.05.

The appellants have appealed and assigned for our consideration the findings of fact on which the final judgment was based and the entry of the judgment against plaintiff, Estelle F. Stock.

The evidence was heard by a referee who made findings, all of which were reviewed by the trial judge. No reversible error has been demonstrated by the appellants, and upon an examination of the record we cannot hold that the trial court’s findings were erroneous.

Estelle Stock joined her husband in suing on the promissory notes. She was named as a counter-defendant in the ap-pellee’s counterclaim. She appeared at the trial and was called to testify. At no time did she question the trial court’s jurisdiction over her. Under Fla.R.Civ.P. 1.11(h) (now Fla.R.Civ.P. 1.140, 30 F.S.A.) any defense Estelle Stock may have had concerning lack of jurisdiction over her person was waived, and she is now bound by the final judgment.

Affirmed.

LILES, C. J., and ALLEN and HOB-SON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellants, plaintiffs in the trial court, brought suit against defendant, Bilcon Developers, Inc., to recover on two promissory notes given by the defendant corporation to plaintiffs. Appellee corporation counterclaimed alleging misappropriation of corporate funds by appellant, Frederick C. Stock, for use and benefit of himself and his wife, Estelle F. Stock. The cause was heard before a referee who was mutually agreed upon by both parties. After an extensive hearing and a review by the trial judge, a final judgment was entered in favor of appellee corporation against appellants, Fred C. Stock and his wife, Estelle F. Stock, in the amount of $11,-398.05.

The appellants have appealed and assigned for our consideration the findings of fact on which the final judgment was based and the entry of the judgment against plaintiff, Estelle F. Stock.

The evidence was heard by a referee who made findings, all of which were reviewed by the trial judge. No reversible error has been demonstrated by the appellants, and upon an examination of the record we cannot hold that the trial court’s findings were erroneous.

Estelle Stock joined her husband in suing on the promissory notes. She was named as a counter-defendant in the ap-pellee’s counterclaim. She appeared at the trial and was called to testify. At no time did she question the trial court’s jurisdiction over her. Under Fla.R.Civ.P. 1.11(h) (now Fla.R.Civ.P. 1.140, 30 F.S.A.) any defense Estelle Stock may have had concerning lack of jurisdiction over her person was waived, and she is now bound by the final judgment.

Affirmed.

LILES, C. J., and ALLEN and HOB-SON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

203 So. 2d 181, 1967 Fla. App. LEXIS 4418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stock-v-bilcon-developers-inc-fladistctapp-1967.