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BILTMORE MOTOR CORP. v. ROQUE

No. 73-752.

291 So.2d 114 (1974)

BILTMORE MOTOR CORP., a Florida Corporation, et al., Appellants, v. Diego ROQUE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 6, 1974.

Attorney(s) appearing for the Case

Lopez, Hannon & Harris, Miami, for appellants.

Dubbin, Schiff, Berkman & Dubbin and David N. Nissenberg, Miami, for appellee.

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

HENDRY, Judge.

Appellants, defendants in the trial court, seek review of a final judgment that mandatorily required revocation and rescission of a recapitalization of the Biltmore Motor Corp.

The facts adduced at trial revealed that the corporation is closely held by the plaintiff and the two individual defendants and members of their respective families. Until May 2, 1972, the plaintiff, Diego Roque, held 40% of...

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