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SMITH v. BRANCH

No. 80-178.

391 So.2d 797 (1980)

Virgil SMITH and Howard Jones, As the Surviving Directors and Board of Trustees of Edwards Sash, Door & Lumber Co., a Dissolved Corporation, Appellants, v. James M. BRANCH, Jr.; Betty M. Branch, Husband and Wife; Levi F. Branch; Vialee E. Branch; James R. Cope; Georgia Deane Cope; Wilson C. Rippy, Jr., M. D.; Hugo Schmidt & Company, a Florida Corporation, Montgomery Ward & Co., Inc.; J.M. Linton; the First National Bank of Florida, Formerly Known As the First National Bank of Tampa; Pan American Bank of Tampa, Formerly Known As Capital National Bank of Tampa; and Ralph L. Rousseau, Jr., Appellees.

District Court of Appeal of Florida, Second District.

December 31, 1980.

Attorney(s) appearing for the Case

Charles W. Pittman of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

No appearance for appellees.

BOARDMAN, Acting Chief Judge.

Virgil Smith and Howard Jones, as the surviving directors of Edwards Sash, Door & Lumber Co. (Edwards), a dissolved corporation, plaintiffs below, appeal a final judgment ruling their action barred by the statute of limitations and laches. We reverse.1

On November 20, 1962, William D. and Thelma K. Dobbs executed a demand note in favor of Edwards for...

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