MURRAY VAN & STORAGE, INC. v. MURRAY

Nos. 77-1674 and 77-1675.

364 So.2d 68 (1978)

MURRAY VAN & STORAGE, INC., a Corporation, Joseph E. Ferguson, L.H. Mitchell, Alfred J. Caccamo and Reuben Bergstrom, Appellants, v. John Philip MURRAY, Individually, and As Personal Representative of the Estate of F.W. Murray, Jr., a/k/a Fleming W. Murray, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

November 8, 1978.


Attorney(s) appearing for the Case

Edna L. Caruso and Montgomery, Lytal, Reiter, Denney & Searcy, West Palm Beach, and James H. Walden of Walden & Walden, Dania, for appellants.

Earl Faircloth of Earl Faircloth Law Offices, Fort Lauderdale, for appellee.


LETTS, Judge.

This appeal, which under all the circumstances we treat as plenary, stems from a trial judge's grant of a summary judgment which held, as a matter of law, that a "buy-sell" agreement between stockholders was inferior to a testamentary disposition by a stockholder. We reverse.

The facts involve a point of law hitherto undecided in Florida although the problem has been addressed in many other jurisdictions. See 61 A.L.R.3d 1090. Simply stated,...

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