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Jones v. Jones

District Court of Appeal of Florida, Third District
Sep 21, 1976
338 So. 2d 60 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1761.

September 21, 1976.

Appeal from the Circuit Court, Dade County, Alan R. Schwartz, J.

McDonald McDonald, Miami, for appellant.

Milton M. Ferrell, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


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. Southern Farm Bureau Casualty Insurance Company, 215 So.2d 59 (Fla. 1st DCA 1968).

Affirmed.


Summaries of

Jones v. Jones

District Court of Appeal of Florida, Third District
Sep 21, 1976
338 So. 2d 60 (Fla. Dist. Ct. App. 1976)
Case details for

Jones v. Jones

Case Details

Full title:VERNON L. JONES, FOR THE USE AND BENEFIT OF JONES BOAT YARD, INC., A…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 21, 1976

Citations

338 So. 2d 60 (Fla. Dist. Ct. App. 1976)

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