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JOHN MISKOFF FOUNDATION, INC. v. JOHNSON

No. 91-64.

588 So.2d 675 (1991)

The JOHN MISKOFF FOUNDATION, INC., and Thomas W. Watson, and James O. Plinton, as Trustees, Appellants, v. Charles H. JOHNSON and George Palmer, as Co-Personal Representatives of the Estate of Wilmoth A. Miskoff, Appellees.

District Court of Appeal of Florida, Third District.

November 12, 1991.

Attorney(s) appearing for the Case

Rafael de Armas, Orlando, for appellants.

Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno, and Charles H. Johnson, and Susan K. Labasky, Miami, for appellees.

Before HUBBART, FERGUSON and GERSTEN, JJ.

GERSTEN, Judge.

Appellants, The John Miskoff Foundation, Thomas W. Watson and James O. Plinton (Foundation), appeal a summary judgment in favor of appellees. We affirm.

The material issues of fact are not in controversy. A concatenation of events, involving the Foundation's bylaws, led to the removal of several trustees. The removed trustees, in turn, sued for damages and for reinstatement.

The trial court, based upon the Foundation's bylaws and the...

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