Legal Opinion

Sebastian Enterprises, Inc. v. Florida First National Bank at Vero Beach

District Court of Appeal of Florida

Decided April 29, 1977No. 76-906PublishedCited by 4 opinions

1Opinion of the Court

DAUKSCH, Judge.

The question is whether or not the inclusion of a debt on a tax return or a financial statement is sufficient acknowledgement to toll the statute of limitations. We hold that it is and that the debt is enforceable here.

Mr. Bosworth died owning 49% of the stock in the appellant corporation. The balance was owned by his secretaries and bookkeepers; the two ladies owned 25% each, and one share was owned by his lawyer. ■ Apparently Mr. Bosworth was the primary operator of the business and saw to the daily operation while he was alive. He started the business and, when necessary,…

2Cases cited3 opinions

  1. Whale Harbor Spa, Inc. v. Thomas E. Wood, as of the Estate of Dorothy W. Wood, DeceasedCourt of Appeals for the Fifth Circuit · 1959
  2. Couret v. ConnerMississippi Supreme Court · 1920
  3. Hall v. BrownSupreme Court of Florida · 1920

3Cited by4 opinions

  1. Diamond v. T. Rowe Price Associates, Inc.District Court, D. Maryland · 1994
  2. Pear v. Grand Forks Motel AssociatesNorth Dakota Supreme Court · 1996
  3. In re Kessler Manufacturing Corp.United States Bankruptcy Court, S.D. Florida. · 1989
  4. Nolden v. NoldenDistrict Court of Appeal of Florida · 1995

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