SCHWADEL v. UCHITEL

No. 84-315.

455 So.2d 401 (1984)

Mike SCHWADEL and Peter Schwadel, Individually, Appellants, v. Hy UCHITEL, Maurice Uchitel, Hju Sales & Investments, Inc., a Florida Corporation Southern Caterers of North Bay Village, Inc., a Florida Corporation, D/B/a "the Place for Steak", Southern Caterers of 79TH Street, Inc., a Florida Corporation D/B/a "Nick and Arthur's", Lindy's of Omni, Inc., a Florida Corporation, Sheinin Seafood Distributors, Inc., a Florida Corporation, J & J International Enterprises, Inc., a Florida Corporation, Chuck Wagon Bar-B-Q, Inc., a Florida Corporation, and Bay Point Motors, Inc., a Florida Corporation, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Clarification and Denial of Rehearing September 18, 1984.


Attorney(s) appearing for the Case

Richard & Richard and Dennis Alan Richard, Miami, for appellants.

Evan J. Langbein, Miami, Frank, Strelkow & Gay, North Bay Village, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.


BASKIN, Judge.

This appeal arises out of the efforts of corporate stockholders, Mike Schwadel and Peter Schwadel, to prevent corporate president, Hy Uchitel, from disposing of "The Place for Steak," the last major corporate asset of H.J.U. Sales & Investments, Inc. (HJU). The trial court entered an order dissolving a temporary restraining order and a preliminary injunction and denying a permanent injunction. We reverse.

Peter Schwadel is a major stockholder...

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