Lewy v. Wohl, 89-1257

• Decision Date: 08 May 1990
• Docket Number: No. 89-1257,89-1257
• Citation: 561 So.2d 12
• Parties: 15 Fla. L. Weekly D1283 Kathryn W. LEWY, Individually and as Co-Trustee of the Kathy Lewy Trust and the Michael Wohl Trust; Bert Wohl, Individually and as Co-Trustee of the Bert Wohl Trust and the Carolyn Gold Trust, Appellants, v. Matthew WOHL; Carolyn Gold and Green Star Company, a Florida Corporation, Appellees.
• Court: Florida District Court of Appeals

Page 12

561 So.2d 12

15 Fla. L. Weekly D1283

Kathryn W. LEWY, Individually and as Co-Trustee of the Kathy Lewy Trust and the Michael Wohl Trust; Bert Wohl, Individually and as Co-Trustee of the Bert Wohl Trust and the Carolyn Gold Trust, Appellants, v. Matthew WOHL; Carolyn Gold and Green Star Company, a Florida Corporation, Appellees.

No. 89-1257.

District Court of Appeal of Florida, Third District.

May 8, 1990.

Stanley M. Pred, Miami, for appellants.

Herbert Stettin and Pamela Stettin, Miami, for appellees Matthew Wolh and Carolyn Gold.

Sheldon Rosenberg, North Miami, for appellee Green Star Co.

Before FERGUSON, COPE and GERSTEN, JJ.

PER CURIAM.

The parties to this appeal are brothers and sisters, their children, and a family-controlled corporation. The dispute is over ownership of shares of stock in the corporation.

After a lengthy nonjury trial, where the plaintiffs presented their complex case without counsel, the trial court found that Kathryn Lewy was not the owner of the contested shares of stock. Based on that finding, the court ruled that the corporation is entitled to recover for corporate payments erroneously made to Lewy. An exhaustive examination of the briefs and record, and inquiry at-length during oral argument, reveal no clear showing of a basis for overturning the judgment in any part. Findings of fact by a trial judge in a nonjury case will not be set aside on review unless totally unsupported by competent substantial evidence. Laufer v. Norma Fashions, Inc., 418 So.2d 437 (Fla. 3d DCA 1982).

Affirmed.