Jones ex rel. Jones Boat Yard, Inc. v. Jones
Florida District Courts of Appeal
Jones ex rel. Jones Boat Yard, Inc. v. Jones, 338 So. 2d 60 (1976)
1976 Fla. App. LEXIS 15562
Barkdull, Hendry, Pearson
Jones ex rel. Jones Boat Yard, Inc. v. Jones
Opinion of the Court
The plaintiff in a stockholder’s derivative action appeals a final judgment for the defendants. The basic finding of the trial court was that the plaintiff had, after a full trial, failed to show a misapplication of corporate funds. On this appeal, plaintiff argues that he did, in fact, prove a misapplication of corporate funds. The record contains evidence which, if believed by the trial judge, amply supports the court’s finding. Under such circumstances, it is not the function of an appellate court to retry the case. See Shaw v. Shaw, 334 So.2d 13 (Fla. 1976); and Roberts v. South
Affirmed.
Reference
- Full Case Name
- Vernon L. JONES, for the use and benefit of Jones Boat Yard, Inc., a Florida Corporation v. Cleveland H. JONES, Jr.
- Cited By
- 2 cases
- Status
- Published