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ZINGER v. GATTIS

No. 79-614/T2-20.

382 So.2d 379 (1980)

Bernard ZINGER, Appellant, v. Patrick Myron GATTIS and Dorothy McGuire, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 23, 1980.

Attorney(s) appearing for the Case

Lee S. Damsker, of Gordon & Maney, P.A., Tampa, for appellant.

Hector J. Lombana, of A.M. Schwitalla, Coral Gables, for appellees.

SHARP, Judge.

The appellant, Bernard Zinger sought a declaratory judgment of his rights as stockholder and principal officer of Citrus Aviation, Inc., and other relief, against the appellees, Gattis and McGuire. After a non-jury trial the lower court denied any relief because no stock in Citrus Aviation, Inc. was formally issued. We reverse this case for a new trial.

There was conflicting evidence presented concerning the ownership and control of

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