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FARBER v. SERVAN LAND CO., INC.

Nos. 75-1286 and 75-1920.

541 F.2d 1086 (1976)

Jack FARBER, personally, and as a shareholder of Servan Land Corp., Inc., on behalf of the corporation, Plaintiff-Appellant, v. SERVAN LAND COMPANY, INC., Charles S. Serianni and A. I. Savin, Defendants-Appellees. Jack FARBER, personally, and as a shareholder of Servan Land Corp., Inc., on behalf of the corporation, Plaintiff-Appellant, v. SERVAN LAND COMPANY, INC., Charles S. Serianni and A. I. Savin, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 1976.

Attorney(s) appearing for the Case

Smathers & Thompson, Cromwell A. Anderson, Shepherd D. Johnston, Miami, Fla., for plaintiff-appellant in both cases.

Mallory H. Horton, Starr W. Horton, Miami, Fla., for defendants-appellees in both cases.

Before BROWN, Chief Judge, and JONES and GOLDBERG, Circuit Judges.

JONES, Circuit Judge:

The two appeals here decided arise from the same case. Appeal 75-1286 is from a judgment on the merits of the cause. Appeal 75-1920 questioned the taxing against the appellant, Jack Farber, as costs, of an appraisal fee by a separate judgment.

A small group in South Florida became dissatisfied with the congestion on the golf courses on which they were accustomed to play. They acquired a tract of land, laid out a golf course, built a club...

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