SHAY v. FIRST FEDERAL OF MIAMI, INC.

No. 82-1678.

429 So.2d 64 (1983)

Ira SHAY and Shalev Corporation, Appellants, v. FIRST FEDERAL OF MIAMI, INC., a Dissolved Corporation, and Canovest Corporation, N.V., a Foreign Corporation Not Qualified to Do Business in the State, Appellees.

District Court of Appeal of Florida, Third District.

April 5, 1983.


Attorney(s) appearing for the Case

Jerry Kahn, Miami Beach, for appellants.

Murai, Wald, Biondo & Matthews and Joseph Matthews, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and BASKIN, JJ.


HENDRY, Judge.

Appellants, plaintiffs below, filed suit against appellees alleging breach of a contract to fund a trust which was to be created for the purpose of insuring that appellants' creditors would be paid. Appellees answered, including as one of their affirmative defenses a covenant not to sue provision in the contract. The trial court later granted appellees' motion for judgment on the pleadings on the basis of that provision. We affirm.

A motion...

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