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TICK v. COHEN

No. 85-5259.

787 F.2d 1490 (1986)

Jerome H. TICK and Bernice J. Tick, his wife, Plaintiffs-Appellees, v. Norman COHEN, as Trustee of Trusts known as Land Trusts Nos. 71-LT-100, 72-LT-1, 72-LT-2, 72-LT-3, 72-LT-4, 72-LT-5, 72-LT-7, 72-LT-8, 72-LT-9, and 72-LT-11, and Norman Cohen, individually; Murray Blattman, individually, and Murray Blattman as Trustee of Land Trust No. 75-LT-21; Sand Hill Lake, Inc., a Florida corporation; Century 21 Admiral's Port, Inc., a Florida corporation; Admiral's Port North, Inc., a Florida corp., Admiral's Port Town Homes, Inc., a Florida corp.; Michele Kapp; and Selma Blattman, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 28, 1986.

Attorney(s) appearing for the Case

Gerald F. Richman, Floyd Pearson, Richman Greer, et. al., Miami, Fla., for plaintiffs-appellants.

Seymour Kaplan, Patrice A. Talisman, Daniel & Hicks, P.A., Barbara Green, Sam Daniels, Miami, Fla., for defendants-appellees.

Jerome H. Tick, New York City, pro se.

Before GODBOLD, Chief Judge, FAY, Circuit Judge, and PECK, Senior Circuit Judge.

PER CURIAM:

This is an interlocutory appeal pursuant to 28 U.S.C. 1292(b) (1982) from the district court's order denying appellant's motion to dismiss for failure to join indispensable parties. The only issue presented on appeal is whether the beneficiaries of certain land trusts are indispensable parties within the meaning of Fed.R.Civ.P. 19(b). The district court found that although the absent beneficiaries were proper parties to this litigation, they were not indispensable...

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