Legal Opinion

Stuart H. Bornstein v. Ira Marcus, individually, Ira Marcus, P.A., a Florida corporation, and Granada, LLC, a Florida limited liability company

District Court of Appeal of Florida

Decided July 22, 2015No. 4D13-4098PublishedCited by 5 opinions

1Opinion of the CourtLevine, J.

The issue for our consideration is whether the trial court erred in striking appellant’s pleadings as a “sham” and entering a final judgment in favor of a law firm and its principal. The complaint centered on whether appellant deserved credit for $50,000 paid to the firm. The trial court found that appellant’s claim was a sham because only appellant’s company had the right to bring the claim since appellant treated the $50,000 as a capital contribution to the company. We find the trial court erred in striking the pleading as a sham because the record does not support the trial court’s…

2Cases cited5 opinions

  1. Tiara Condominium Ass'n v. Marsh & McLennan CompaniesSupreme Court of Florida · 2013
  2. Rhea v. HackneySupreme Court of Florida · 1934
  3. Meadows v. EdwardsSupreme Court of Florida · 1955
  4. Gonzalez v. City of HomesteadDistrict Court of Appeal of Florida · 2002
  5. Furst v. BlackmanDistrict Court of Appeal of Florida · 2002

3Cited by5 opinions

  1. Preudhomme v. BaileyDistrict Court of Appeal of Florida · 2017
  2. STUART N. BORNSTEIN and GRANADA, LLC v. IRA A. MARCUS and IRA MARCUS, P.A.District Court of Appeal of Florida · 2019
  3. GEORGE DORA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY ROSE MORRISON, THE SURVIVING SPOUSE OF PAUL DOUGLAS MORRISON, AND AS CO-TRUSTEE OF THE MARY ROSE AND DOUGLAS MORRISON FAMILY TRUST v. MARC MORRISON, AS CO-TRUSTEE OF THE MARY ROSE AND DOUGLAS MORRISON FAMILY TRUST, U/A/D 10/05/2007, JULIE MORRISON POIRIERDistrict Court of Appeal of Florida · 2024
  4. MICHAEL GLEMAN v. MWH AMERICAS, INC.District Court of Appeal of Florida · 2021
  5. Treminio v. Crowley Maritime CorporationDistrict Court, M.D. Florida · 2023

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