Travelbiz Solutions, Inc. v. Click Interconnect, Inc.

District Court of Appeal of Florida

Travelbiz Solutions, Inc. v. Click Interconnect, Inc.

947 So. 2d 671, 2007 Fla. App. LEXIS 1086, 2007 WL 248937

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2007

DocketNo. 4D05-4332

StatusPublished

This text of 947 So. 2d 671 (Travelbiz Solutions, Inc. v. Click Interconnect, 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

Travelbiz Solutions, Inc. v. Click Interconnect, Inc., 947 So. 2d 671, 2007 Fla. App. LEXIS 1086, 2007 WL 248937 (Fla. Ct. App. 2007).

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Opinions

FARMER, J.

This dispute involves a transaction between a shareholder and the company whose shares he held. The critical question was whether the funds represented an investment or a loan. No single document reliably established the one or the other, and there was conflicting testimony from the principal actors. In the circumstances then existing — the height of the “dot com” bubble — the funds could plausibly have represented either one. At the end of a bench trial, the trial judge held that the transaction might have been nominally a loan but repayment depended on the company obtaining the larger financing it needed, which had not occurred by the time of trial and is now unlikely. Substantial competent evidence supports the finding.

Affirmed.

GUNTHER, J., concurs. MAY, J., dissents with opinion.

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FARMER, J.

This dispute involves a transaction between a shareholder and the company whose shares he held. The critical question was whether the funds represented an investment or a loan. No single document reliably established the one or the other, and there was conflicting testimony from the principal actors. In the circumstances then existing — the height of the “dot com” bubble — the funds could plausibly have represented either one. At the end of a bench trial, the trial judge held that the transaction might have been nominally a loan but repayment depended on the company obtaining the larger financing it needed, which had not occurred by the time of trial and is now unlikely. Substantial competent evidence supports the finding.

Affirmed.

GUNTHER, J., concurs. MAY, J., dissents with opinion.

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Bluebook (online)

947 So. 2d 671, 2007 Fla. App. LEXIS 1086, 2007 WL 248937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travelbiz-solutions-inc-v-click-interconnect-inc-fladistctapp-2007.

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