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POE & ASSOCIATES, INC. v. EMBERTON

No. 83-362.

438 So.2d 1082 (1983)

POE & ASSOCIATES, INC., a Florida Corporation, Appellant, v. Don G. EMBERTON and George Kaibas, Appellees.

District Court of Appeal of Florida, Second District.

October 21, 1983.

Attorney(s) appearing for the Case

Richard A. Bianco, Tampa, for appellant.

E.C. Langford of Langford, Mooney & McDuffee, P.A., Tampa, for appellee Don G. Emberton.

Edwin J. Bradley, Tampa, for appellee George Kaibas.

GRIMES, Acting Chief Judge.

This appeal involves the question of whether an insolvent corporation may prefer a director-creditor over other creditors.

Appellant (Poe) sued appellees (Emberton and Kaibas) seeking to recover $28,089 owed by Hercules Roofing and Sheet Metal, Inc. (Hercules) to Poe. Poe alleged that at a time when Hercules was insolvent it paid $10,000 to Emberton as a bonus and repaid loans to Kaibas in the amount of $23,287.77. When these payments...

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