FRIEND v. KAPCHUK

No. 67-991.

216 So.2d 783 (1968)

Seymour FRIEND, Seymour Kaplan, Paul Warren, Individually, As Trustee, and As Executor of the Last Will and Testament of Sidney Lefkowitz, Sandy Berger, Ted Polihrom, Jules Alpert, Irving Rubin, Harry Strull, Ben Katzen, Henrietta Tauber, Samuel Kahn, and Harry Katzen, for Themselves and All Others Similarly Situated, Appellants, v. Harry KAPCHUK, Marty Kapchuk, and Seashore Food Products, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 16, 1969.


Attorney(s) appearing for the Case

Sibley, Giblin, Levenson & Ward, Miami Beach, for appellants.

Pallot, Silver, Pallot, Stern & Proby, Miami, for appellees.

Before HENDRY and SWANN, JJ., and WHITE, JOSEPH S., Associate Judge, (Ret.).


WHITE, JOSEPH S., Associate Judge, Retired.

In this case plaintiffs have appealed from a final summary judgment dismissing their complaint. The judgment was entered upon defendants' motion, plus certain discovery depositions and affidavits filed in conjunction with the hearing on the motion.

The complaint, filed in February, 1966, sought to impose a constructive trust on certain shares of stock held by defendants in a corporation, or in the alternative, upon...

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