JACOB v. BERNATEK

No. 4D99-2358.

764 So.2d 874 (2000)

Christian JACOB, as shareholder of Accessories Worldwide, Inc., a Florida corporation, and Christian Jacob, in his individual capacity, Appellants, v. James BERNATEK, Henry A. Starr, and Accessories Worldwide, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

August 9, 2000.


Attorney(s) appearing for the Case

Mariano R. Gonzalez of Mariano R. Gonzalez, P.A., Miami Beach, for appellants.

Reed A. Bryan, Fort Lauderdale, for appellee-Henry A. Starr.

Salvatore D. DeFelice, Fort Lauderdale, for appellee-James Bernatek.


WARNER, C.J.

The appellant, Christian Jacob, brought a shareholder derivative suit against appellees, James Barnatek, Henry Starr, and Accessories Worldwide, Inc., for an accounting and for statutory violations. In response, the appellees filed a motion for summary judgment contending that appellant was not a shareholder because his stock had been canceled for non-payment of the issuance price. The trial court agreed and entered summary judgment. We reverse, because...

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