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LEVENSON v. AMERICAN LASER CORP.

Nos. 82-2560, 82-2573.

438 So.2d 179 (1983)

Irving LEVENSON, Mather C. Ward, As Personal Representative of the Estate of R.C. Ward, M. Sibley, Individually and As Stockholders of American Laser Corporation, a Florida Corporation, Appellants, v. AMERICAN LASER CORPORATION, a Florida Corporation, and William H. McMahan, Mendell M. Selig, Eugene Cohen, Robert H. Still and Mark T. Griffin, Appellees.

District Court of Appeal of Florida, Second District.

September 23, 1983.

Attorney(s) appearing for the Case

Marion E. Sibley of Sibley, Giblin, Levenson & Glaser, Miami, and J. Hardin Peterson, Jr. of Peterson, Myers, Craig, Crews, Brandon & Mann, P.A., Lakeland, for appellants.

William S. Dufoe of Holland & Knight, Bartow, for appellee American Laser Corp.

J.P. Carolan, III of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellees McMahan, Cohen, Still and Griffin.

No brief filed by appellee Selig.

Christine Rieger Milton of Mahoney, Hadlow & Adams, Jacksonville, for Peterson, Smith, Thompson, Willis & Veenstra, objecting stockholders.

RYDER, Judge.

Appellants, plaintiffs below, appeal from an order of the trial court disapproving that portion of a consent final judgment which distributed 25,000 shares of stock to appellants as attorney's fees for the institution and prosecution of this action against appellees. The trial court ordered that the appellants be awarded a cash fee of $50,000.00 instead of the stock and approved the consent judgment in all other respects. We find that this was an abuse...

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