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SEBASTIAN ENTER., INC. v. FLA. FIRST NAT. BANK

No. 76-906.

345 So.2d 827 (1977)

SEBASTIAN ENTERPRISES, INC., a Florida Corporation, Appellant, v. FLORIDA FIRST NATIONAL BANK AT VERO BEACH, Executor of the Estate of Wellington G. Bosworth, Deceased, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 29, 1977.

Attorney(s) appearing for the Case

Steve L. Henderson, Jones, Paine & Foster, P.A., Vero Beach, for appellant.

Robert Jackson, Jackson & Clem, P.A., Vero Beach, for appellee-Florida First National Bank at Vero Beach.

DAUKSCH, Judge.

The question is whether or not the inclusion of a debt on a tax return or a financial statement is sufficient acknowledgement to toll the statute of limitations. We hold that it is and that the debt is enforceable here.

Mr. Bosworth died owning 49% of the stock in the appellant corporation. The balance was owned by his secretaries and bookkeepers; the two ladies owned 25% each, and one share was owned by his lawyer. Apparently Mr. Bosworth...

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