Rosenberg v. Boston Corp.

PER -CURIAM.

We have reviewed the entire record in this case, as well as the briefs of counsel, and hold that appellants’ points II and III require reversal of the final judgment.

A significant part of the evidence upon which the trial court rendered its judgment was furnished by Leon and Fred Sultan. As stockholders in the appel-lee corporation they were barred by § 90.-05, F.S. 1973, from testifying as to any transaction or communication with the decedent, Salame. We also believe that Rosenberg was likewise barred from testifying by the dead man statute even though he was a co-lessee with the…