Wayne-Dalton Corp. v. Klinge

District Court of Appeal of Florida

Wayne-Dalton Corp. v. Klinge

506 So. 2d 52, 12 Fla. L. Weekly 1105, 1987 Fla. App. LEXIS 8110

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1987

DocketNo. 86-642

StatusPublished

Cited by1 cases

This text of 506 So. 2d 52 (Wayne-Dalton Corp. v. Klinge) 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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Wayne-Dalton Corp. v. Klinge, 506 So. 2d 52, 12 Fla. L. Weekly 1105, 1987 Fla. App. LEXIS 8110 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Plaintiff appeals from the dismissal of its suit against officers and stockholders of a dissolved and subsequently reinstated corporation for an open account debt allegedly incurred while the corporation was dissolved.

The trial court’s dismissal, which followed the close of plaintiff's case-in-chief, was predicated on Commercial International Business Brokers Corp. v. Heller, 479 So.2d 133 (Fla. 4th DCA 1985). From our review of the record, it appears that Heller is distinguishable in that the persons whose liability is sought in the present case were officers and stockholders of the dissolved corporation, allegedly assuming to act as a corporation without the authority to do so. Additionally, there is evidence that both officers were active with respect to the account with appellant, as indicated by their acknowledged signatures on the account agreement and their testimony. It appears that Mobil Oil Corp. v. Thoss, 385 So.2d 726 (Fla. 5th DCA 1980), may be more on point.

Under these circumstances, we do not agree that the issue of liability should have been decided before all the evidence was presented. Accordingly, we reverse the order of dismissal, and remand for further proceedings not inconsistent with this opinion.

SCHEB, A.C.J., and LEHAN and SANDERLIN, JJ., concur.

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PER CURIAM.

Plaintiff appeals from the dismissal of its suit against officers and stockholders of a dissolved and subsequently reinstated corporation for an open account debt allegedly incurred while the corporation was dissolved.

The trial court’s dismissal, which followed the close of plaintiff's case-in-chief, was predicated on Commercial International Business Brokers Corp. v. Heller, 479 So.2d 133 (Fla. 4th DCA 1985). From our review of the record, it appears that Heller is distinguishable in that the persons whose liability is sought in the present case were officers and stockholders of the dissolved corporation, allegedly assuming to act as a corporation without the authority to do so. Additionally, there is evidence that both officers were active with respect to the account with appellant, as indicated by their acknowledged signatures on the account agreement and their testimony. It appears that Mobil Oil Corp. v. Thoss, 385 So.2d 726 (Fla. 5th DCA 1980), may be more on point.

Under these circumstances, we do not agree that the issue of liability should have been decided before all the evidence was presented. Accordingly, we reverse the order of dismissal, and remand for further proceedings not inconsistent with this opinion.

SCHEB, A.C.J., and LEHAN and SANDERLIN, JJ., concur.

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506 So. 2d 52, 12 Fla. L. Weekly 1105, 1987 Fla. App. LEXIS 8110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-dalton-corp-v-klinge-fladistctapp-1987.

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