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JAMES TALCOTT, INC. v. McDOWELL

No. 62-594.

148 So.2d 36 (1962)

JAMES TALCOTT, INC., a New York corporation, Appellant, v. Harry J. McDOWELL, on behalf of himself and all other stockholders of Interstate Construction Equipment, Inc., a Florida corporation, similarly situated, Appellees.

District Court of Appeal of Florida. Third District.

December 18, 1962.

Attorney(s) appearing for the Case

Nicholson, Howard & Brawner, Miami, for appellant.

Blackwell, Walker & Gray, Miami, for appellees.

Before HORTON, BARKDULL and HENDRY, JJ.

HORTON, Judge.

Appellant, defendant below, seeks review of an order denying its motion to dismiss, amended motion to dismiss, and motion to strike. We reverse.

This was a stockholder's derivative action. The complaint alleged, in pertinent part:

"That the plaintiff, HARRY J. McDOWELL, is now the owner and holder of fifty shares of the capital stock of the said INTERSTATE CONSTRUCTION EQUIPMENT, INC., and has been the owner of fifty shares or 50% of...

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